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ARTICLE · 25 FEBRUARY 2008

First Comprehensive Rules For 403(b) Plans Issued In 43 Years

The IRS has at last published regulations under Internal Revenue Code Section 403(b).

United StatesTax
Jeffrey Cairns
Jeffrey Cairns

The IRS has at last published regulations under Internal Revenue Code Section 403(b). These are the defined contribution retirement savings plans for employees of tax-exempt charities, public schools and churches. In recent years, 403(b) plans have been designed and administered to look more and more like 401(k) retirement savings plans for taxable entities. This new set of regulations takes a number of significant steps in that direction.

HIGHLIGHTS

Written Plan Document Required

Although 403(b) plans sponsored by governmental employers and churches are exempt from most ERISA Title I requirements, the final regulations require all tax-qualified 403(b) plans to operate according to a written plan document including certain key terms. In addition to the governmental and church plans, this would include formerly exempt employee deferral-only arrangements. The plan document may incorporate by

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