403(b) mess no document no 5500s

[Nancy D]

Hi, I have a 403(b) plan that started making employer contributions in 2001. Never had a plan document, never filed 5500s. One participant for fifteen years, then two participants for a couple of years. I can deal with document issue. My question is, do I have to start filing 5500s back to 2001? I believe the answer is yes. Neither vendor nor participant can provide statements for the account prior to 2008. Would you file knowing what you know, i.e. the amount of contributions, pro rate earnings?

I'll be filing under the DFVC program.

Any help/ suggestions would be greatly appreciated.

Thanks,

[My 2 cents]

Hm

Hi, I have a 403(b) plan that started making employer contributions in 2001. Never had a plan document, never filed 5500s. One participant for fifteen years, then two participants for a couple of years. I can deal with document issue. My question is, do I have to start filing 5500s back to 2001? I believe the answer is yes. Neither vendor nor participant can provide statements for the account prior to 2008. Would you file knowing what you know, i.e. the amount of contributions, pro rate earnings?

I'll be filing under the DFVC program.

Any help/ suggestions would be greatly appreciated.

Thanks,

Hmmm...

No document, no filings. Are you SURE there is a 403(b) plan?

[Nancy D]

I like the way you think!

Contributions were made into participant accounts in name of 403(b) plan. Not sure how vendor set up accounts without a document. A Participant is terminating and wants to roll to IRA. Employees have been told there was a 403(b) plan in place.

[Flyboyjohn]

Wasn't 2009 the first year for "real" 5500s (with numbers) and before that they were the "nothing" 5500s?

If so can't you easily prepare 5500s back to 2001 and file under DFVC?

[Nancy D]

Hi, I can prepare accurate 5500s back to 2009, but would be creative with earnings prior to 2008. If I read your answer correctly, that shouldn't be a problem?

Thank you so much for your help.

[Flyboyjohn]

Correct, for the years prior to 2009 you simply answer something like 6 items (name, address, EIN, etc.) and insert a code for a 403b plan and that's it).

[Nancy D]

Thanks for all your help