403b Form 5500

[Richard Anderson]

Prior to 2009 a 501©(3) company had two 403(b) plans.

The first plan established has always been salary reduction only (Plan 1).

When the employer decided to make matching contributions, a second plan was established (Plan 2).

A Form 5500 has been filed each year for the second plan. None has ever been filed for the

first plan as it has been considered a non-ERISA plan.

In 2009 a new plan document was adopted that merged the two plans into one. However, the

plan assets are still seperated.

The custodian of the assets (same custodian for both, but still under seperate contracts) says that

they do not have records avalable for the assets in the first plan and that the assets in that plan are

not required to be reported on the 2009 Form 5500. Therefore, they will be supplying information only

for the second plan, and will not provide information on the salary reduction only plan.

My question: Is what the custodian saying correct? In other words, even though there

is now only one plan, the accounts attributable to the original salary deferral only accounts are not

reportable on the 2009 Form 5500?

Plan has about 150 participants.