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  • 403(b) and 457 Discussion Board
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  1. JS77


    I’m JS Philly. I’ll post this on both the 403 and 457bs groups as I am concerned with both. I’ll keep this brief and add later if I see I can help in any way. I’ll keep it positive, but my story is ugly. I was illegally terminated from my position at the S.D. of Philadelphia (SDP) and reinstated by the state legal authority. The SDP had on several counts violated the School Law of 1949 and federal due process (Section 1983). A year later I finally got my back pay lump sum and the new problems began. Reinstatement means reinstated to former position with all rights and privileges and be made whole. The SDP payroll refused to make the backup 403 and 467b contributions I requested. Furthermore, they withheld Federal income tax at 33.4% without any consultation (Trump style). I studied IRS and DOL documents related to 403 and 457b. Regulation seems very unclear, but I won’t bore you with details. IRS seems to allow for makeup 403 & 457b contributions and seems only to require that this is earned income (W2 monies). I fully comply. The DOL has jurisdiction for 401Ks, but supposedly not for 403 & 457b. This is not very clear. It is odd because they are all, 401,403 & 457, are represented as ERISA plans. Between lawyer’s fees, payroll deductions and my projected CPA costs (amended returns), I will finish this period losing money even though I was complete reinstated from the bogus situation. What do I need? Ideas to generate leverage to pressure the SDP to make the backup 403 and 457b contributions. This rather easy remedy (back contributions) alone would do a lot to fix my situation. Recommendations for lawyers/tax accountants pro-bono or otherwise would be appreciated (note: the circumstances are unusual). My problem is one aspect of a bigger problem we all share. Regulation and compliance of 403 & 457b is very weak. If you have a problem even roughly resembling mine, you will be on the losing side of regulation, as I am now. Our solution, and 403bwise is making an effort, is more muscular lobbying for the owners of 403 and 457b plans. I don’t know how to get there, but we badly need it. I fear situations like mine will only get more common. Be vigilant.
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