Restating for PPA for a terminated plan?

[Lori H]

If a small 403(b) terminates and liquidates by 12/31/14, is PPA restatement required?

Thanks

[John Feldt ERPA CPC QPA]

The IRS has not yet opened the restatement window for 403(b) plans, so a PPA restatement is not required, nor is it even available, generally speaking, loosely equating restatement to mean a requirement under a remedial amendment period to maintain a plan's relaince on its written plan language.

401(k)/PS/MP/Target plans are in the PPA restatement period now (ends 4/30/2016), but not the 403(b) plans. Restating a 401(k)/PS/MP/Target plan gives the plan reliance on the pre-approved PPA IRS opinion/advisory letter that they provide to the document sponsor.

No 403(b) plans have opinion or advisory letters yet (nor can they get one yet). Any "restatement" by a 403(b) plan is just an amendment with no reliance.

Maybe the IRS will open the 403(b) restatement window 3 years from now?

[Lori H]

Thanks.