Funding a tax sheltered annuity 403 (b) plan

We currently have a tax sheltered annuity program which is totally funded by employee contributions. Employees have a portion of pay sent directly to the annuity program (Nationwide Insurance) each pay period.

Many of our employees have accrued significant amounts of sick time saved up. These accrued hours are not paid out unless an employee leaves employment after 10 years of time. If someone leaves before ten years the sick time is lost.

A question has arisen about the possibility of funding a retirement plan with accrued sick time or even vacation pay. Does anyone know if it would be possible to allow employees to direct money from a sick time or vacation bank directly to a Roth IRA for example or to a 403 (b) (annuity) account since we are nonprofit??

Thanks

Comments

  • 3 Comments sorted by Votes Date Added
  • You should be able to do this, but you will need professional help. Call your company lawyer for advice on all the requirements.

    Good luck!

    Nae
  • Roman,

    I checked with the editors of our Benefits and Compensation Law Alert for Nonprofits, and this is what I found out:

    It is possible to develop a paid time-off plan under which employees of a tax-exempt organization each year may make an election BEFORE THAT YEAR BEGINS) to either receive extra PTO days for the next year or receive contributions to a 403(b) or 457 plan.

    It is also possible to establish a PTO plan under which unused days at retirement are automatically used (in a cascading
    fashion) to provide for contributions for 403(b), 457 or retiree
    medical.

    Sick time can be forfeited, but, its different
    than PTO or vacation time in that vacation/PTO time can be used for any
    purpose, but sick time is contingent on a particular event (getting
    sick).

    This is a highly technical question, and one which you should run by a qualified benefits attorney.

    Anne Williams
    Attorney Editor
    M. Lee Smith Publishers, LLC
  • Anne,

    Thanks very much for your very concise and helpful response. This is the best summary I have received and will continue the conversation with our company attorney.

    Much appreciated.

    Roman
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