403b vs 401k.com

403(b) vs 401(k): Complete Side-by-Side Comparison for 2026

22 rows covering every meaningful difference. Contribution limits, tax treatment, fees, investment menu, ERISA coverage, and SECURE 2.0 changes. Updated 17 April 2026.

Feature403(b)401(k)
Eligible employersNonprofits (501(c)(3)), public schools, hospitals, religious organizationsFor-profit companies; some government entities
Tax treatment on contributions (traditional)Pre-tax; reduces current taxable incomePre-tax; reduces current taxable income
Tax treatment on growthTax-deferred until withdrawalTax-deferred until withdrawal
Tax on withdrawalsOrdinary income tax at applicable rateOrdinary income tax at applicable rate
2026 employee contribution limit$23,500$23,500
Age 50+ catch-up (2026)$7,500 additional$7,500 additional
Enhanced catch-up ages 60-63 (SECURE 2.0)$11,250 additional$11,250 additional
Special catch-up15-year service rule: +$3,000/year, $15K lifetime capNone
Combined 415(c) limit (2026)$70,000 (employee + employer)$70,000 (employee + employer)
Compensation cap (2026)$345,000 (affects match calculations)$345,000 (affects match calculations)
Employer match commonalityCommon but typically smaller (~3.5% avg)Common (~4.5% avg per PSCA data)
Vesting rulesERISA: 3-yr cliff or 6-yr graded; govt plans set ownERISA: 3-yr cliff or 6-yr graded
Typical investment menuAnnuity contracts + mutual funds; often limited selectionMutual funds, ETFs, target-date funds; generally broader
Annuity availabilityCommon; often the only option in K-12 district plansAvailable but not dominant
Typical expense ratios0.1% to 3% depending on provider and product type0.03% to 1% depending on plan; improving via litigation
Loan provisionsYes (ERISA plans); up to 50% vested balance or $50KYes; up to 50% vested balance or $50K
Hardship withdrawalYes; SECURE 2.0 simplified self-certificationYes; SECURE 2.0 simplified self-certification
Early withdrawal penalty10% plus ordinary income tax (before age 59.5)10% plus ordinary income tax (before age 59.5)
Rule of 55Yes; separating from service year you turn 55Yes; separating from service year you turn 55
RMD starting ageAge 73 (SECURE 2.0); Roth variant exempt from 2024Age 73 (SECURE 2.0); Roth variant exempt from 2024
Rollover to IRAYes; direct rollover preserves tax statusYes; direct rollover preserves tax status
ERISA coverageGovernmental and church plans exempt; private nonprofits coveredCovered by ERISA (federal plan governance rules)

When the 403(b) wins

1. You qualify for the 15-year rule AND your plan has a mutual-fund window

At age 50+ with 15 years of service, you can contribute $34,000 per year to a 403(b) with low-cost index funds. That exceeds the 401(k) maximum by $3,000. This scenario applies to many long-tenured teachers and nurses in plans that offer a Vanguard or Fidelity mutual fund window.

2. Government employer with liberal withdrawal rules

Governmental 403(b) plans are exempt from ERISA withdrawal restrictions. Some allow in-service withdrawals after age 59.5 without the restrictions that private plans face. Check your plan document for specifics.

3. You plan heavy catch-up contributions late in a long career

The 15-year rule plus the 60-63 enhanced catch-up can give a qualifying 403(b) holder a $37,750 annual limit in 2026. No 401(k) holder can match this.

When the 401(k) wins

1. Your 403(b) is annuity-only and the 401(k) has index funds

This is the most common situation. If your 403(b) is through AXA Equitable, Voya, Lincoln Financial, VALIC, or Equitable Financial, and your 401(k) alternative has Vanguard or Fidelity index funds, the 401(k) wins by a wide margin. The fee gap can cost $150,000 or more over a career.

2. You need broader investment options

401(k) plans were opened to ETFs earlier and more widely than 403(b) plans (ETF access in 403(b) only became possible after SECURE 2.0, and implementation is still rolling out). If you want individual stock ETFs or a wide fund selection, the 401(k) is ahead.

3. You value ERISA fiduciary protections

Private 401(k) plans are fully ERISA-covered. The employer has a fiduciary duty to select prudent investments and monitor fees. Governmental and church 403(b) plans lack this oversight. Several major class-action suits have forced 401(k) fee reductions. Fewer such mechanisms exist for exempt 403(b) plans.

SECURE 2.0 changes that narrowed the gap

The SECURE 2.0 Act of 2022 made several changes that bring 403(b) plans closer to 401(k) parity:

  • ETF access in 403(b) plans (effective 2024): for the first time, 403(b) plans can offer ETFs directly, not just mutual funds and annuities.
  • Collective investment trust (CIT) eligibility: 403(b) plans can now use CITs, which are institutional pooled funds with lower costs than retail mutual funds.
  • Long-term part-time employee access: employees working at least 500 hours per year for two consecutive years must be allowed to participate (down from three years).
  • Enhanced catch-up for ages 60-63: $11,250 additional contribution available to all plans, not just 403(b).
  • Roth employer match option: employers can now offer Roth matching contributions (after-tax) in both plan types.

Frequently asked questions

Is a 403(b) better than a 401(k)?
In structure they are essentially equivalent. In practice a 401(k) usually has lower fees and better fund choices because competition and litigation have driven costs down. But a 403(b) with a good mutual-fund window (Vanguard, Fidelity, TIAA) can match a 401(k). The 403(b) also has the exclusive 15-year catch-up rule for long-service employees.
What did SECURE 2.0 change for 403(b) plans?
SECURE 2.0 (2022) allowed 403(b) plans to invest in collective investment trusts and ETFs for the first time, narrowing the investment menu gap with 401(k) plans. It also introduced the enhanced 60-63 catch-up, long-term part-time employee access, and simplified hardship withdrawal rules. Many 403(b) plans are still implementing these changes.
Are governmental 403(b) plans covered by ERISA?
No. Governmental 403(b) plans (state and local government employers) and church plans are exempt from ERISA. This means they are not required to file Form 5500, may not provide participant fee disclosures under ERISA rules, and have different fiduciary standards. Private nonprofit 403(b) plans are generally ERISA-covered.