Side-by-Side
Full Feature Comparison
Same dollar limits — very different rules on access, catch-ups, and stacking.
| Feature | 401(k) | 457(b) — Governmental |
|---|---|---|
Who Offers It |
Private sector; some public employers | State & local government; some non-profits |
2026 Employee Deferral Limit |
$24,500 | $24,500 |
Age 50+ Catch-Up |
+$8,000 | +$8,000 |
SECURE 2.0 Super Catch-Up (Age 60–63) |
+$11,250 | +$11,250 |
Last-3-Years Catch-Up Exclusive to 457(b) |
Not available | Up to $49,000/yr ✓ 2× normal limit in final 3 years |
Early Withdrawal Before 59½ |
10% penalty + taxes | No 10% penalty ✓ Ordinary income tax only, on separation |
In-Service Withdrawals (before separation) |
Generally not allowed before 59½ | Very limited — typically requires unforeseeable emergency or age 70½ |
Stacks With Other Plans? |
Generally no (shared limit with same employer's 403b) | Yes ✓ — separate limit from 403(b)/401(k) |
Can Roll to IRA on Separation? |
Yes — to Traditional IRA or new plan | Governmental: Yes ✓ Non-governmental: No |
Employer Match / Contribution |
Common — typical 50–100% match up to 4–6% of pay | Less common — varies by government employer |
ERISA Protections |
Yes (most plans) | Governmental: exempt from ERISA Non-governmental: subject to ERISA |
Creditor Protection |
Strong ERISA protection | Governmental: varies by state law Non-governmental: assets belong to employer — at risk! |
RMD Start Age |
Age 73 | Age 73 |
Tax Treatment |
Traditional (pre-tax) or Roth | Traditional (pre-tax) or Roth |
457(b) Exclusive Feature
The 457(b) Last-3-Years Double Catch-Up
This is one of the most powerful catch-up provisions in the US retirement code — and most 457(b) participants don't know about it.
How the Last-3-Years Catch-Up Works
The Double-Dip Strategy
Stacking 457(b) + 403(b): Up to $49,000 in Deferrals
Many government employers (schools, hospitals, municipalities) offer both a 403(b) and a 457(b). These have completely separate contribution limits.
🏛️ Example: Teacher with both 403(b) and 457(b) — 2026
This is one of the most powerful tax-deferral opportunities in the entire US tax code. A private sector worker maxes out at $24,500 in employee deferrals. A public school teacher who uses both plans can shelter up to $49,000 — nearly double. Ask your HR department whether your employer offers a 457(b) alongside your existing 403(b) or pension.
Strengths & Weaknesses
Pros & Cons
- Employer match widely available — often 50–100% on first 3–6% of salary
- Strong ERISA creditor protection
- Available to most private sector workers
- SECURE 2.0 super catch-up ($11,250) for ages 60–63
- Both Traditional and Roth options in most plans
- 10% early withdrawal penalty before 59½ (in addition to income taxes)
- No last-3-years double catch-up option
- Cannot stack a separate $24,500 with a 457(b) from the same employer
- Must wait until 59½ (or rule of 55) for penalty-free access
- No 10% early withdrawal penalty — withdraw on separation from service at any age
- Last-3-years double catch-up — up to $49,000 in final 3 years before plan's retirement age
- Separate contribution limit — stacks with 403(b) for up to $49,000 total employee deferrals
- Ideal for public safety workers (police, firefighters) who retire at 50–55
- SECURE 2.0 super catch-up also available (60–63)
- Only available to government and some non-profit employees
- Employer match less common
- Non-governmental 457(b): cannot roll to IRA — funds stay at risk with employer
- In-service withdrawals very restricted — generally only for unforeseeable emergencies
- Governmental 457(b): exempt from ERISA — fewer federal protections
Decision Guide
Which Should You Prioritize?
- Your employer offers a match — always capture the full match first
- You're in the private sector with no access to a 457(b)
- You want strong ERISA creditor protection
- You plan to retire after 59½ (no need for penalty-free early access)
- Your 401(k) offers better investment options than your 457(b)
- You're a public safety worker planning to retire before 59½
- Your employer offers both 403(b) and 457(b) — use both for $49,000 total
- You want maximum flexibility to access funds early without penalty
- You're in the last 3 years before plan's retirement age — double catch-up window
- Your 401(k) or 403(b) is maxed and you want more tax-deferred space
FAQ
Common Questions
The 457(b) was originally designed as a deferred compensation plan — not a retirement savings incentive — so Congress didn't include the standard 10% penalty. When a governmental 457(b) participant separates from service (retires, changes jobs, or is laid off), they can access their funds paying only ordinary income tax. There's no age requirement. This is a genuine structural advantage, not a loophole.
No. The 457(b) has its own completely separate contribution limit from the 401(k) and 403(b). This is codified in IRC §457 vs §401. A government teacher could contribute $24,500 to their 403(b) AND another $24,500 to their 457(b) — a total of $49,000 in employee deferrals in 2026.
Governmental 457(b) accounts can be rolled to a Traditional IRA, Roth IRA (with taxes due), another governmental 457(b), 401(k), or 403(b) — tax-free as a direct rollover. Non-governmental 457(b) accounts cannot be rolled to an IRA or 401(k); they can only be transferred to another non-governmental 457(b) plan. This is a critical distinction when considering job changes.
No — you cannot combine them. You must use whichever is larger. In practice, the last-3-years catch-up (up to $49,000 total) is almost always larger than the age-50 standard catch-up ($32,500 total), so it's typically used instead. However, if you've already maxed out your prior years' contributions, there may be no unused room, making the last-3-years catch-up worthless in that case.
You can roll your governmental 457(b) to your new employer's governmental 457(b), a 401(k), 403(b), or a Traditional IRA — all tax-free as direct rollovers. Rolling to an IRA is often preferred for investment flexibility and to preserve the ability to roll back into a future employer plan if needed. Once rolled to an IRA, the 457(b) no-penalty-on-separation feature is lost — the standard IRA rules (10% penalty before 59½) apply.