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January 13, 2009

Extension of Written Plan Document for 403(b) Plans

On December 11, 2008, the IRS issued some temporary relief to 403(b) plan sponsors, in the form of Notice 2009-3. Specifically relating to the plan document requirement, all 403(b) plans were, by January 1, 2009, to have a written document in place. This notice delays the written plan document requirement to December 31, 2009. However, a good faith effort must be made to administer the plans in accordance with the final 403(b) regulations during 2009.

The IRS will work on a prototype document, and an approval process that will facilitate the implementation of the written plan document requirement. If 403(b) plan sponsors determine that their plans were non-compliant during 2009, corrective measures must be taken.

This should come as welcome guidance to 403(b) plan sponsors who have been struggling to figure out how to comply with the new requirement.

 

The information contained in this Benefit Beat is not intended to be legal, accounting, or other professional advice, nor are these comments directed to specific situations.

As required by U.S. Treasury rules, we inform you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this Benefit Beat is not intended or written to be used, and cannot be used, by any person for the purpose of avoiding any penalties that may be imposed by the Internal Revenue Service.

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