Guest Rookie Posted November 10, 1999 Posted November 10, 1999 I have a 403(B) plan which I am fairly certain is not covered under Title I of ERISA, but, I understand, may still be covered under Title II. What does this mean for my plan? What tax code requirements will I still need to follow? And, since I have been filing 5500s in the past, can I just stop, or should I send the DOL an explanation?
Carol V. Calhoun Posted November 10, 1999 Posted November 10, 1999 The Title II requirements are basically the I.R.C. requirements for the contracts under the arrangement to qualify as a 403(B) contracts. They are found in I.R.C. § 403(B) itself, 401(f), 402(g), and 415. As for the Department of Labor, you might write them a note, or just wait for them to ask and then explain what is going on. There is not a formalized procedure for notifying them that your plan never was subject to Form 5500 requirements in the first place. --------------------------------------- Employee benefits legal resource site Employee benefits legal resource site The contents of my postings are offered for informational purposes only and should not be construed as legal advice. A visit to this board or an exchange of information through this board does not create an attorney-client relationship. You should consult directly with an attorney for individual advice regarding your particular situation. I am not your lawyer under any circumstances.
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