403(b) Plan Documents & Churches

[Guest Mackin]

Do churches have to submit 403(B) Plan Documents for IRS approval? I know church plans are not under ERISA, but is it ERISA that requires the Plan Documents or the 403(B) code? I've gotten very uncertain answers on this. Please help!!

[MWeddell]

In general, it's ERISA, not the Internal Revenue Code, that requires a written plan document for plans that are subject to ERISA. Because you have a church plan, you probably aren't subject to this requirement in ERISA, but I'll let you research that one.

If you have a plan document, you aren't required to submit it to the IRS. There's no determination letter program for 403(B) plans and submission isn't the norm. However, one can submit the plan document to the IRS to get a private letter ruling on whether it satisfies Code Section 403(B).

[Everett Moreland]

I would be interested in whether you think 401(a)(17) needs to be in an employer-adopted plan document, where employer-funded contributions are made, or whether you think that individual annuity contracts and custodial accounts can meet the 401(a)(17) requirement.

[Carol V. Calhoun]

The 403(B) Examination Guidelines indicate that no plan document is required in the case of a 403(B) plan which is not subject to ERISA. Thus, presumably so long as the plan was not in operation violating the 401(a)(17) rules, those rules would not have to appear in a plan document unless ERISA applied.

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