The IRS has announced a pre-approved 403(b) plan document program. Under this program, 403(b) plan sponsors will be able to adopt a 403(b) plan document that has received an IRS opinion or advisory letter stating the terms of the written plan document conform to the requirements of Internal Revenue Code § 403(b). Plan sponsors may soon see their brokers, insurance companies, and third party record keepers begin to offer a pre-approved plan document product to use in complying with the written plan document requirement. Of course, to maintain its tax-favored status, a preapproved 403(b) plan must still be operated in accordance with its written terms. It is expected that the first round of IRS 403(b) opinion and advisory letters for pre-approved 403(b) plans will be issued in approximately two years. The IRS still has not announced a program for an employer to obtain an individual IRS determination letter with respect to a 403(b) plan.
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IRS establishes preapproved 403(b) plan program
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