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I am handling a DFVC correction for failure to file Forms 5500 for three plan years. The following questions have arisen:

(1) Is an ERISA 403(b) sponsored by a 501©(3) entity which is neither a government nor a church and which is funded solely with an annuity contract eligible to file Form 5500-S/F? In other words, would such a 403(b) plan satisfy the requirement that 100% of its assets constitute "eligible plan assets?"

(2) Is such a 403(b) plan subject to ERISA's minimum funding standards?

Thank you.

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