Emeritus
Full time employment: Posting here.
- Joined
- Feb 27, 2009
- Messages
- 886
There are two types of 457 which are treated differently. Years back I had a public 457 from a state university and I was able to roll that over with no problem. The current private 457 is what is sometimes called a "top hat" plan and I am required to take it no sooner than 60 days after retirment and no later than the year I turn 70.5. Att that time it is treated as ordinary income.
Though I was a full-time academic, my employment was passed through an academic hospital, hence the private designation of my 457.
You are describing the difference between 457 (b) and 457 (f) plans. Unless an academic hospital is a for profit, it should have a 457 (b) . All the "academics" I know even at for profit hospitals work for a 501 (c) 3 non profit that contracts to the hospital. They have to do it tha way to be eligible for research grants
I know of a lot of disasters with 457 (f) plans aka Rabbi trusts . You are just a general creditor of the for profit.
VII. RABBI TRUSTS
A. General Definition.
1. In a nonqualified unfunded deferred compensation plan, the employee, generally, is an unsecured general creditor of the employer subject not only to the solvency and credit risks of the employer, but also to the employer's good faith payment of benefits. As a practical matter, delay and expenses associated with litigation to enforce a right to unfunded deferred compensation against a solvent employer can substantially reduce or eliminate the value to an executive of such benefits.
Current Developments In Executive Compensation - Law Firm Lum, Danzis, Drasco & Positan, LLC Attorneys Roseland, New Jersey