Want to confirm that new regulations have not changed 415 limits

[Guest esi-jht]

I just want to clarify for myself (I don't work w/ 403b very much) that there have been no new regulations that for 415 limit purposes the 403b contributions must be aggregated w/ the 401a contributions of the plan of a separate employer if the 403b participant "controls" this separate employer.

[Guest mjb]

The non aggregation rule is statutory and cannot be changed by regulations. Under existing law the 403(b) contributions must be aggregated with any contributions made to another employer's DC plan if the 403(b) participant owns more than 50% of the interest in the separate employer. E.g., a 403(b) participant also maintains an HR-10 plan for his outside business. The contributions to the 403(b) plan and HR-10 plan are subject to a single limit of 42,000 in 2005.