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ARTICLE · 16 APRIL 2013

Expanded Guidance From IRS On 403(b) Plans

IRS amends EPCRS, significantly affecting 403(b) plans, and issues guidance to assist 403(b) plan sponsors in identifying and correcting defects.

United StatesTax
Amy Kelly
Amy Kelly
Robert Abramowitz
Robert Abramowitz
R. Tracht
R. Tracht

IRS amends EPCRS, significantly affecting 403(b) plans, and issues guidance to assist 403(b) plan sponsors in identifying and correcting defects.

On December 31, 2012, the Internal Revenue Service (IRS) issued its updated Employee Plans Compliance Resolution System (EPCRS),1 which expands and updates existing compliance corrections programs available to retirement plans generally and also now provides 403(b) plan sponsors with expanded opportunities to correct a wide range of retirement plan defects. These new EPCRS provisions were available to 403(b) plan sponsors on a voluntary basis prior to April 1, 2013, but they are mandatory effective April 1, 2013. In addition, to help 403(b) plan sponsors identify and correct possible defects, the IRS issued a plain-English 403(b) plan "fix it" guide on February 21, 2013. Lastly, on March 28, 2013, the IRS issued Revenue Procedure 2013-22,2 which provides new IRS procedures for issuing opinion and advisory letters for

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