403(b) -- Ineligible employees

[Guest Ray Goetz]

Has anyone dealt with a 403(B) plan that had a proper employer sponsoring it (a 501©(3) organization), but that had let some employees of a for-profit subsidiary also creep in?

Would this be a candidate for TVC and/or APRSC, as now folded into EPCRS?

Has there ever been any real IRS enforcement on this point?

Any thoughts would be appreciated.

[Ellie Lowder]

Ineligible employees is not a defect that can be corrected under APRSC - only Operation failures can be self-corrected. Eligibility failures can be corrected under TVC. Refer to Revenue Procedure 99-13 for more information.

[Guest CVCalhoun]

On the enforcement issue, ineligible employers are one of the key points the IRS Manual instructs agents to raise in auditing 403(B) plans.

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