Fisher Posted June 19, 2008 Share Posted June 19, 2008 Does the Universal Availability requirements under IRC section 403(b)(12) and the regs 1.403(b)(5) apply to 403(b)(1) and 403(b)(7) plans? I feel they do apply and the only real differences between a Church 403(b) and one for other eligible employers is that no document is required unless for a 403(b)(9) Retirement Income Account and the possible effective date of the regs Link to comment Share on other sites More sharing options...
John Feldt ERPA CPC QPA Posted June 20, 2008 Share Posted June 20, 2008 Church 403(b) plans are not subject to the universal availability requirement. Link to comment Share on other sites More sharing options...
Guest Danny Miller Posted June 30, 2008 Share Posted June 30, 2008 Does the Universal Availability requirements under IRC section 403(b)(12) and the regs 1.403(b)(5) apply to 403(b)(1) and 403(b)(7) plans? I feel they do apply and the only real differences between a Church 403(b) and one for other eligible employers is that no document is required unless for a 403(b)(9) Retirement Income Account and the possible effective date of the regs I agree with the previous reply, but I would note that it's only 403(b)s maintained by churches and "qualified church-controlled organizations," or QCCOs, that are exempt from the universal availability rule. 403(b)s maintained by "non-QCCOs" (typically, church related hospitals, colleges, universities and nursing homes) are subject to the universal availability requirement. But it doesn't matter if it's a (b)(1), a (b)(7) or a (b)(9), if it's a church or a QCCO, the rule doesn't apply. Link to comment Share on other sites More sharing options...
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