Does The Irs Consider A 401k A Retirement Plan? 
The IRS is looks to regulatory legislation like ERISA , the Employee Retirement Income Security Act of 1974 for guidance on qualified defined benefit and contributions plans . A 401 -LRB- k -RRB- is a employer spoored qualified defined contribution plan under ERISA , so the IRS recognizes the tax destructibility and tax deferral of 401 -LRB- k -RRB- contributions . 