For guidance on what may cause a 403(b) plan to be subject to ERISA, please consult the Department of Labor's rules. Is your 403(b) arrangement subject to ERISA?If so, this is what you need to do about it. The benefits of ERISA exempt 403(b) plans include flexibility in structure, fewer reporting and disclosure requirements, and less strict fiduciary requirements. What compensation is used to determine my Plan benefits? The 403(b) is a tax deferred retirement plan available to employees of educational institutions and certain non-profit organizations. Employees who want to voluntarily participate in the 403(b) Plan designate a portion of their UC salary to be contributed on a pretax or Roth (after-tax) basis. 1, 2025, although (as explained below) the new rules require that hours of service of LTPT employees on and after Jan. There is also a catch-up option available to employees with at least 15 years of service with their current employer. Most employersponsored retirement plans are subject to ERISA requirements.