What's remedial amendment period deadline for 403(b) plan?

[Guest Twitch]

For the life of me, I cannot find official language outlining the RAP for a 403(b) plan. Checked all over this site, too, after coming up empty searching the Rev. Procedures. Can anyone provide some assistance? We rarely have a 403(b) issue to address.

Thanks a million!

[mbozek]

There is no remedial amendment period for a 403(b) annuity because a 403(b) plan does not have to be administered in accordance with its terms since it is not a qualfied plan. A 403(b) plan only needs to be administered in accordance with the applicable provisions of 403(b). A 403(b) plan sponsor can adopt amendments in 2003 which are retroactive to 2002 or any prior year.

[QDROphile]

Don't read too much into the comment that a 403(b) plan does not have to be administered in accordance with its terms. That may suffice to answer your direct question and for tax purposes generally, but if the plan is subject to ERISA, sections 402(a) and 404(a) require attention to plan terms.

[mbozek]

But a 403(b) plan can not lose its tax deferred status because it is administered in accordance with changes in the IRC instead of the terms of the plan., e.g., permit max contribution of 40k even if plan has not been amended.