Years of Service - 403(b)(4)

[Guest dean62]

Has anyone had any experience in counting years of service for a reemployed individual in determining the exclusion allowance. I see nothing in the Code or Regs. that indicates prior years of service are not counted. Publication 571 indicates that years of service need not be continuous. Obviously, if the years of service count then amounts previously excluded are also considered.

[Carol V. Calhoun]

We have always treated years of service (and employer contributions) from the same employer as counting for 403(B) purposes, whether or not the years are continuous. And back in my misspent youth (well, 1985, but from what I hear, there is no upper limit on how old one can be and still be misspending one's youth ), I got a series of favorable private letter rulings on a formula which took that approach.

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Employee benefits legal resource site

[Guest dean62]

Have the PLRs that you received been given a number so that I could research them under Lexis?

Thanks

[Carol V. Calhoun]

Yes, they have--but unfortunately, I have changed firms since then, and I didn't memorize all the numbers. But try looking in 1985 under 403(B) and formula, and I think they will come right up.

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Employee benefits legal resource site

[Guest dean62]

Thanks for your response. I haven't had any luck in finding the PLR's at the moment.

Not finding anything in 1985. I will continue to research.