Retirement Topics - Who Can Participate in a 457(b) Plan?


457(b) Plan

All employees or independent contractors as defined under the plan of an entity that is a:

  • State government that establishes a 457(b) plan, or
  • Tax-exempt entity that establishes a 457(b) plan

"Employee" - Each natural person, whether appointed or elected, who is employed by the employer as a common law employee, excluding any employee who is included in a unit of employees covered by a collective bargaining agreement that does not specifically provide for participation in the plan.

Note: An employer is not required to offer a 457(b) plan to all its employees and may exclude specific classes of employees.