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The 403(b) regulations require 403(b) plan sponsors to provide an effective opportunity to eligible employees to make 403(b) deferrals to the plan. According to 1.403(b)-5(b)(2), this requirement is satisfied by providing a notice to the employees at least once a year that tells the employees that the 403(b) plan is available, and also tells them how to make or change the amount of their 403(b) deferral election. 1. What does this annual universal availability notice referenced in the regulations look like? Is there a published or sample form? 2. If there isn't a published or sample form, what other types of notices and documents satisfy the annual universal availability notice requirement? 3. When is the annual universal availability notice distributed? Does it have to be no later than 12 months after the last notice, or literally no less than once per plan year? (For example, is a notice provided in January 2018 followed by a notice provided in July 2019 okay?) 4. Are all eligible employees supposed to get the annual universal availability notice every year, regardless of whether they are actively deferring to the plan or have previously declined to defer? If yes, what if they're currently in the midst of a deferral suspension following a pre-7/1/2019 hardship distribution? Or, what if they've just exited a deferral suspension due to a pre-7/1/2019 hardship? 5. Do plan sponsors need to get employees's signatures or otherwise record the date that they sent the notices to eligible employees and the date the eligible employees received the notices in order to document that they have satisfied the universal availability requirement?

I thought it was prudent but not required to provide participants of notice the plan was terminating. However, today I found the following on the IRS website. Did I miss a change? https://www.irs.gov/retirement-plans/retirement-plan-participant-notices-when-a-plan-is-to-be-terminated Page last reviewed/updated August 3, 2017. When a plan is to be terminated, participants should receive a written notice of the company’s intention to terminate the plan and a notice of plan benefits. See Terminating a Retirement Plan. Notice of intent to terminate the plan Description: Written notification that the plan sponsor intends to terminate the plan or cease benefit accruals. What it should contain: The notice should contain sufficient information to notify the participant of the termination of the plan. The notice might include identifying information such as: the plan name and number; the proposed termination date; a statement concerning the cessation of accruals (benefit accruals are ceasing); and a statement that there are sufficient plan assets to meet the accruals provided under the plan. Timing: The notice must be provided to all affected plan participants and/or beneficiaries at least 60 days and no more than 90 days before the proposed date of termination. Who is responsible for sending it: The administrator of the plan. Notice of benefits upon termination of the plan Description: A notice to each affected participant or beneficiary that specifies the amount of the participant’s benefit as of the proposed termination date. What it should contain: The notice should identify the amount and form of each participant’s benefit including any personal data used in determining the amount of the benefit, including lump sum conversions, mortality and interest rates used to compute the benefit. Timing: Promptly to any affected participant or beneficiary after the proposed termination date and on or before the distribution date. Who is responsible for sending it: The administrator of the plan.