Vesting Amendment

[Guest Rookie]

I am in the process of amending the vesting scheudle to a 403(B), at the sponsor's request. The new vesting schedule will be less favorable (from immediate vesting to a three year cliff, with a one year service requirement). What type of notice do I need to give to the employees about this change?

[Dave Baker]

(Final version of IRS audit guidelines for 403(B) programs can be found online at http://www.cvcalhoun.com/403bexam.html.)

[This message has been edited by CVCalhoun (edited 11-18-1999).]

[JWK]

Before you start thinking about communications, you may want to re-think the idea of a vesting schedule in a 403(B) plan. Very few 403(B) plans have vesting schedules because of the maximum exclusion allowance (MEA). The contributions count against the MEA in the year after they vest. It can be tricky to monitor the MEA, and, unless somebody knowledgable is performing MEA testing, it's easy to exceed the MEA in the vesting year (because employees won't know that they should cut back their own contributions). See Example 25 in the IRS audit guidelines for 403(B) plans.