In The News:

IRS Publishes Sample 403(b) Plan Language for School Districts

On July 24, 2007, the IRS released final regulations relating to 403(b) plans that are generally effective for tax years beginning after December 31, 2008.  The final regulations contain certain requirements that make 403(b) plans more like other defined contribution plans, such as 401k plans.  The requirements include, among other items, that there must be a written plan document and the plan document must specify the terms of eligibility, the contracts available under the plan and the time and form of benefit distributions under the plan. 

In Revenue Procedure 2007-71, the IRS issued model plan language for public schools to use to create new plan documents or amend existing plan documents to comply with the final regulations.  The model plan language is for a basic plan that only permits pre-tax elective deferrals by employees.  A public school may rely on the model plan language for compliance with the final regulations, so long as the public school's new plan document or amendment is word-for-word the same as the model plan language or substantially similar in all material respects.

 
The following are links to the final regulations and Revenue Procedure 2007-71
 
 
http://www.irs.gov/pub/irs-drop/rp-07-71.pdf  (Revenue Procedure 2007-71)
 
Please feel free to contact Charity McCarthy if you would like assistance complying with the 403(b) final regulations.

This page is intended to provide general information about various legal issues and developments.  It is not intended to be a complete list of all recent legal developments.  This page does not constitute legal advice and should not be relied upon in dealing with specific factual or legal matters.

 
 
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