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Retirement · Texas Educators

Texas Teachers: When to Roll Over a 403(b), and When to Wait

A 403(b) rollover can cut years of fees, but timing and tax rules decide whether it helps. Here is how to tell, for Texas public school employees.

Dev Gaymes, licensed life insurance broker and founder of DG Life Group in Dallas, Texas
Dev Gaymes · Texas-licensed life insurance agent · NPN 16654074
Last reviewed October 2026
How I am paid, and what I am not.If you move a 403(b) into an annuity through me, the insurance company pays me a commission, typically 3% to 6% of the amount. Moving it into an IRA at a brokerage pays me nothing. I am a licensed insurance agent, not a CPA, tax advisor or investment adviser, and I am not affiliated with TRS.

Texas public school employees usually have up to three retirement accounts, and they follow different rules. The TRS pension is the foundation and is rarely worth touching. A 403(b), sometimes still called a TSA or tax-sheltered annuity, is where most of the rollover questions live. A 457(b), if your district offers one, has a withdrawal advantage worth protecting.

The three accounts, side by side

TRS pension403(b) / TSA457(b)
What it isA defined benefit pension: lifetime income based on salary and years of serviceYour own savings, invested in annuities or mutual funds offered through your districtYour own savings in a governmental deferred compensation plan
Can you roll it over?Only by taking a refund, which ends your membership and the pensionUsually after you leave the district or reach 59½After you leave the district
The rule to knowA refund returns only your own contributions plus interest; state and employer contributions are not refundableTRS stopped certifying companies and capping fees in September 2019No 10% early-withdrawal penalty after you leave, at any age, on money contributed to that plan
Leave the TRS pension alone in almost every case. In TRS’s own words, refunding your account “terminates your service credit and waives your right to receive TRS benefits.” With at least five years of service credit, you can instead leave your contributions with TRS and apply for a monthly benefit at retirement age. TRS refund guide.

Why so many teacher 403(b)s are worth a second look

Until September 1, 2019, TRS certified the companies that could sell 403(b) products to Texas school employees, and its rules capped the fees those products could charge. House Bill 2820 ended that. As TRS told members in July 2019, it “will no longer certify 403(b) companies nor will TRS maintain a list of registered 403(b) investment products.” The Texas Department of Insurance and the State Securities Board still regulate the products, but no state agency caps their fees, and teachers choose from whatever their district offers. TRS’s fee guide still explains each type of charge.

Older 403(b) annuities often stack several charges: mortality and expense fees, administrative fees, fund expenses inside the annuity and optional rider fees. Each one looks small. Together, over a career, they add up.

$150,000 for 15 years, earning 6% a year before feesBalance after 15 years
With 2.5% a year in total fees$251,302
With 0.5% a year in total fees$334,871
Difference$83,569

Hypothetical example for illustration: a steady 6% gross return, compounded annually, with fees deducted each year. Real returns vary and are not guaranteed.

Most of the teacher 403(b)s I review are worth moving once the timing is right. The exceptions below are about timing and tax rules, not about the old account being a better product, so check every one of them before you sign anything.

When moving usually makes sense

  • Your total yearly fees are high and a lower-cost option is available, inside your district’s plan or after you leave.
  • The surrender period on your 403(b) annuity has ended, so moving costs nothing.
  • You have left the district or retired, and want your savings consolidated in one place you control.
  • You want a guaranteed income floor on top of your TRS pension, which a fixed or fixed index annuity can add. How fixed index annuities work.

When keeping it, or waiting, is the better move

  • You are still working and under 59½. Under federal rules, a 403(b) generally can’t pay out until you reach 59½, leave your employer, become disabled or die (IRS Publication 571). While you work, your option is usually a contract exchange to a lower-cost vendor your district offers.
  • Your surrender period is still running. A charge of several percent can wipe out years of fee savings. It is often better to wait until it ends, or to move only the penalty-free amount each year.
  • It is a 457(b). The IRS states that governmental 457(b) distributions are not subject to the 10% additional tax, except money rolled in from another plan or IRA. Roll it into an IRA or annuity and that advantage is gone. For anyone retiring before 59½, that is a strong reason to keep it.
  • You left the district in or after the year you turned 55. The “rule of 55” lets you take withdrawals from that 403(b) without the 10% penalty. It applies to employer plans, including 403(b) annuity contracts (Internal Revenue Code section 4974(c)), but not to IRAs.
  • You have an outstanding 403(b) loan. An unpaid loan is generally treated as a distribution when you leave. If it is offset because you left, the tax code gives you until your tax-filing deadline, including extensions, to roll over that amount (section 402(c)(3)(C)). Plan it with your CPA first.
  • Your plan is already low-cost. Some district plans offer inexpensive options, and moving one of those gains little.

Where a rollover can go

DestinationWhat it offersWhat to weigh
IRA at a brokerageWide investment choice, often low cost; you manage it or hire an adviserMarket risk, and no 457(b) or rule-of-55 penalty exceptions
Fixed or fixed index annuityPrincipal protection from market losses, and optional guaranteed lifetime incomeSurrender charges, caps on growth, and rider fees; a commission is paid to the agent
Roth IRA (a conversion)Future qualified withdrawals generally tax-freeIncome tax is due on the amount converted in that year

Your TRS pension already gives you lifetime income, so a teacher often needs less guaranteed income from an annuity than someone without a pension. I look at the pension first, then decide whether any of the 403(b) needs guarantees at all. When replacing an existing annuity makes sense.

How to move it without a tax bill

  • Ask for a direct rollover, sent from the old company to the new one. Nothing is withheld, and nothing is taxed.
  • Avoid taking a check made out to you. The plan must withhold 20% for taxes, and you have 60 days to deposit the full amount, including the 20% from your own pocket, or the shortfall is taxable.
  • Keep Roth money separate. Roth 403(b) dollars go to a Roth IRA, not a traditional one.
  • Get the surrender schedule in writing before you request anything, and the exact dollar amount any charge would cost.

Sources: IRS, rollovers of retirement plan and IRA distributions and IRS, exceptions to the tax on early distributions.

2026 contribution limits

403(b)457(b)
Under age 50$24,500$24,500
Age 50 and over, with catch-up$32,500$32,500
Ages 60 to 63, with the higher catch-up$35,750$35,750

The 403(b) and 457(b) limits are separate, so a teacher whose district offers both can put up to $49,000 into the two plans in 2026 before catch-ups. New this year: if your 2025 FICA wages from your district were above the law’s threshold, your catch-up contributions must go in as Roth. The statute sets that threshold at $145,000 and adjusts it for inflation (section 414(v)(7)); plan administrators are applying $150,000 for 2026, so confirm with yours.

Limits from IRS news release IR-2025-111 (November 13, 2025) and the IRS cost-of-living adjustment table. Your plan’s own rules apply.

Social Security and your plan

In its 2018 pension benefit design study, TRS reported that 96% of Texas public school employees do not participate in Social Security, so for many teachers the TRS pension and their own savings are the whole plan. The Social Security Fairness Act, signed January 5, 2025, ended the Windfall Elimination Provision and Government Pension Offset for benefits payable from January 2024. If you also earned Social Security from another job or through a spouse, your benefit is no longer reduced because of your TRS pension. Check your current estimate before planning around it.

Before you move anything, get these answers

  • Your total yearly cost, all charges added together, in writing.
  • The surrender schedule, and the dollar amount it would cost today.
  • Any outstanding loan balance.
  • How much is Roth and how much is pre-tax.
  • Whether any of the money is in a 457(b).
  • The year you left, or plan to leave, the district, and your age that year.
Sources and limitations

Texas 403(b) regulation: TRS, TRS member update, July 2019 and the House Bill 2820 bill analysis. TRS refunds: TRS refund guide. Social Security participation: TRS pension benefit design study, December 2018. Distribution, rollover and penalty rules: IRS Publication 571, IRS guidance and the Internal Revenue Code sections linked above. 2026 limits: IRS news release IR-2025-111. Plan rules vary by district and vendor, and tax rules change. This page is general education, not tax, legal or investment advice. Confirm tax treatment with a CPA before you move any retirement account.

Frequently Asked Questions

Can I roll over my 403(b) while I'm still teaching in Texas?

Usually not before 59½. Federal rules generally keep your own 403(b) contributions in the plan until you leave the district, turn 59½, become disabled or die. While you work, you can usually move to a lower-cost vendor your district offers.

Does TRS regulate 403(b) fees in Texas?

Not anymore. Since September 1, 2019, under House Bill 2820, TRS no longer certifies 403(b) companies or keeps a list of registered products, and its former fee caps no longer apply. The Texas Department of Insurance and the State Securities Board still regulate the products. Compare total costs yourself, in writing.

Should I cash out my TRS pension when I leave teaching?

Almost never, once you have five years of service credit. A refund returns only your own contributions plus interest; state and employer contributions are not refundable, and the refund ends your service credit and your right to TRS benefits. With five years, you can leave the money with TRS and apply for a monthly benefit at retirement age.

Should I roll my 457(b) into an IRA?

Often not, if you might need the money before 59½. The IRS states that governmental 457(b) distributions are not subject to the 10% additional tax, except money rolled in from another plan or IRA. Rolling into an IRA or annuity gives that up.

What is the rule of 55 for a 403(b)?

If you leave the district in or after the year you turn 55, you can take withdrawals from that 403(b) without the 10% early-withdrawal penalty. The tax code applies this exception to employer plans, including 403(b) annuity contracts, but not to an IRA you roll it into.

Do I pay taxes when I roll over a 403(b)?

Not on a direct rollover to a traditional IRA or annuity, sent company to company. If the plan pays you instead, it must withhold 20%, and you have 60 days to deposit the full amount or the shortfall becomes taxable. Moving pre-tax money to a Roth IRA is a conversion, and income tax is due.

What are the 2026 contribution limits for Texas teachers?

$24,500 each for 403(b) and 457(b) plans, which are separate limits. Catch-up contributions add $8,000 at 50 and over, or $11,250 at ages 60 to 63, per IRS news release IR-2025-111. Higher earners must make catch-ups as Roth; plan administrators are applying a $150,000 threshold on 2025 FICA wages.

Want a Second Opinion on Your 403(b)?

Send me your latest statement. I’ll add up what it costs you each year, check the surrender schedule, and tell you whether to move it, wait, or leave it alone.

Texts go to Dev directly, not a bot. Reply times vary by time of day and availability.