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403(b) plans


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[Discussion] Corporate Merger Situation
"Suppose you have two non-profit corporations, A and B. A sponsors a non-ERISA 403(b) plan. B sponsors a SIMPLE-IRA. They merge, mid year, to form a new non-profit corporation C, with a new EIN, etc. Apparently A & B no longer exist, although the information I have is far from comprehensive. These are not plans that can be merged with any other plans. Can you, for the remainder of 2017, treat each set of employees as still "separate" and continue the plans as before, and hope that if ever audited, the IRS is reasonable and accepts this as a good faith compliance effort? Do you treat each plan as terminated as of the merger date, and just start fresh with a new plan -- which is problematic at best, since the merger took place some time ago (date unknown -- I only know that it was in 2017)? I'm reasonably certain that no plan termination notifications/resolutions/amendments were ever done prior to the merger. I don't yet know if deferrals/employer contributions to one or both plans have been made since the merger." (BenefitsLink Message Boards)
The 403(b) Monk and What We Can Learn from Him
"Many people have financial problems that prevent them from even thinking about saving for retirement.... Teachers have a rough time accumulating wealth in their 403(b) plans, but it doesn't have to be that way.... It can be tough to help those who do not wish to be helped." (Cammack Retirement Group)
Why Do I Need to Restate My 403(b) Plan Document?
"What is the deadline for getting this done? ... What if we don't restate our plan? ... Is there any benefit to this process other than the IRS Pre-Approval? ... How do I select a consultant to do this work? ... What about the investments? ... The insurance company will give me a low cost document and some investments they chose. Isn't that sufficient?" (QBI)
[Guidance Overview] IRS's New 401(k) Pre-Approved Document Rules Suggests a Path to Address 403(b) Document Challenges
"The IRS has taken the position that all 403(b) plans must be on a pre-approved document in order to gain the 'reliance' value of a determination letter.... This can be a challenge for many 'legacy' 403(b) plans which have been in existence for many generations (keep in mind that the first 403(b) type of plan showed up in 1919).... Buried in [Rev. Proc. 2017-41] is something we have been looking for in the 403(b) space, which actually would help alleviate some of the concerns document drafters have with these long-standing plans." (Business of Benefits)
[Discussion] Can Document Have Different Provisions Specific to Various Multiple 403(b) Vendors?
"Is it permissible to have one plan document for a 403(b) plan, but different provisions at different vendors? For example, can Roth contributions be added only at Fidelity and not TIAA or VALIC, if it's written into a custom plan document?" (BenefitsLink Message Boards)
[Discussion] Two Employers: 403(b) Plan Limits
"If a person is employed by 2 separate entities offering 403(b) plans (she has no ownership/control in either, nor is an HCE) and has negotiated nonelective employer contributions with both, is the $54,000 annual additions limit separate for each plan or is it a combined limit?" (BenefitsLink Message Boards)
[Discussion] Aggregation Issues for Governmental 403(b) Plan Sponsor with Subsidiary That Sponsors 401(k) Plan
"Employer sponsors a governmental 403(b) plan, and recently bought a company (i.e., it's now in a parent-subsidiary relationship) in the process of establishing a 401(k) safe harbor plan. For testing purposes, will the 403(b) plan become subject to 410(b) and 411 testing? Any other testing issues or coverage issues that need to be addressed?" (BenefitsLink Message Boards)
[Guidance Overview] State-Level Legislation Imposes New Obligations on Financial Institutions, Investment Advisers and Service Providers to 403(b) Plans
"Nevada has enacted legislation that imposes a fiduciary duty on financial institutions and investment advisers rendering investment advice to Nevada-based clients.... [T]he Connecticut legislature has passed a bill requiring service providers for 403(b) plans not covered by ERISA to disclose conflicts-of-interest to a plan's fiduciaries.... Four states (California, Missouri, South Dakota and South Carolina) already impose a fiduciary duty on financial institutions, and the trend is for increased state involvement on this issue[.]" (The Wagner Law Group)
Action Steps to Protect Your 403(b) Plan
"[I]dentify the written plan document.... What to look for (because the IRS is) ... Plan does not limit contributions ... Improper exclusion of part-time employees ... Wrong definition of compensation ... Failure to timely adopt required amendment[.]" (Ice Miller LLP)
Brown University Sued Over Alleged Breach of Fiduciary Duty in 403(b) Plans
"The university 'consistently selected and retained investment options for the plans that historically and consistently underperformed their benchmarks and charged excessive management fees,' said the lawsuit filed ... by four participants. They are seeking class-action status.... Among their criticisms of plan management, the participants argued the plans have too many investment options." (Pensions & Investments)
Non-ERISA 403(b) Plans Must Walk Fine Line to Avoid Losing ERISA Exemption
"Sometimes discretion inadvertently or unknowingly finds itself in the plan such as an employer determining eligibility, processing hardship distributions and loans, and determining whether a domestic relations order is a Qualified Domestic Relations Order. That also includes hiring a Third Party Administrator like our firm. That means, of course, the 403(b) plan could be subject to ERISA's Title I requirements with all the time and expense to make the DOL's required corrections[.]" (The Retirement Plan Blog)
Connecticut Passes Conflict-of-Interest Rule for Non-ERISA 403(b)s
"According to the text of the bill, effective October 1, 2017, any person that enters into a contract or agreement with a non-ERISA 403(b) plan to provide services to the plan, and reasonably expects to receive $1,000 or more in compensation, direct or indirect, in connection with the provision of such services, shall disclose to a fiduciary of the retirement plan any conflict-of-interest the person has with the retirement plan." (PLANSPONSOR)
Making Sure 401(k) and 403(b) Fees Are 'Necessary' and 'Reasonable'
"You should create a master list of items you want to see addressed by each respondent. This can, essentially, be the items in your RFP. You'll want to create a fairly detailed spreadsheet to analyze the fee component of the proposals." [The authors provide a list of items to consider.] (Fiduciary Plan Governance, LLC)
[Opinion] Texas Board Aims to Kneecap 403(b) Participant Choice, Providers
"[The Texas Teachers Retirement System (TRS) Board of Trustees] is required by law to review and consider for re-adoption each of its rules every four years. This cycle, the Board has devoted its review to its fee-capping authority, registration fees and parameters for companies to enter the system and sell products. Of the thousands of products currently registered to be marketed in the Lone Star State, it appears that almost none would make the cut, potentially sending providers packing and leaving teachers with dramatically fewer choices." (National Tax-Deferred Savings Association [NTSA])
Differences of Opinion Between Section 457 Plan Sponsors and Section 401(k)/403(b) Plan Sponsors
"457 employers express a strong sense of paternalism ... 457 plan sponsors embrace automatic investments ... 457 plan sponsors are confident in the education they provide ... Use of an advisor is higher among 457 sponsors." (American Century Investments)
[Opinion] ARA Comments to IRS on Mid-Year Amendments to Safe Harbor 401(k) and 403(b) Plans (PDF)
"ARA recommends the expansion of the guidance contained in IRS Notice 2016-16 to include ... [1] Clarify a plan sponsor involved in a IRC 410(b)(6)(c) transaction may amend a safe harbor 401(k) plan to cover other members of the newly formed group and retain all the protections and benefits of the safe harbor 401(k) plan. [2] Clarify the plan can be amended to increase non-safe harbor contributions, other than matching contributions, at any time during the year. [3] Provide the restrictions in Notice section III.D.4 apply only to the safe harbor matching contributions and not to other matching contributions subject to non-discrimination testing." (American Retirement Association [ARA])
[Official Guidance] IRS List of Pre-Approved 403(b) Plans (PDF)
18 pages. List of 403(b) plan documents pre-approved as of May 28, 2017; published online June 8, 2017. (Internal Revenue Service [IRS])
Adopting a New Pre-Approved 403(b) Document? It's a Good Time for a Plan Compliance Review (PDF)
"[P]lan sponsors will need to take care that they choose a pre-approved document that can accommodate their plan design, and, once they select an appropriate document, that all of the plan's provisions are correctly restated on the new document.... [The authors] have compiled [a] high level list of provisions that bear scrutiny. This is not a complete list, but it highlights some common areas where the operation of the plan may not be consistent with the terms of the document or with applicable law[.]" (Boutwell Fay LLP)
Why Hire a '3(38)' Adviser for a Public Agency 457(b) or 401(a) Plan?
"In California, many public agencies' retirement plan committees are unaware that unless they fulfill certain ERISA-like requirements with respect to their participant-directed 457(b) and 401(a) plans, they can be held personally liable for investment losses suffered by plan participants.... [W]hat can they do to protect themselves? More importantly, what can they do to improve the overall investment process within their plan?" (Chang Ruthenberg & Long PC)
How NC Public School Teachers Choose to Participate When 401(k), 403(b), and 457 Plans Are Offered Simultaneously
"This study examines the decisions [North Carolina public school] employees make and the implications for retirement saving in a multiplan environment. Key Insights: [1] A third of North Carolina public school employees contribute to a retirement plan. [2] Only a tenth of plan participants contribute to two or more plans. [3] Highly compensated employees show no tendency to use secondary plans to exceed annual contribution limits." (TIAA Institute)
The Latest on Higher Education Fee Litigation
"The University of Chicago lawsuit is very similar to the earlier 12 lawsuits, but additionally asserts that TIAA's loan program constitutes a prohibited transaction and that TIAA failed to disclose indirect fees related to that loan program. While the Schlichter Bogard & Denton law firm ... has filed the majority of these lawsuits, two have been filed by other law firms. This suggests that more law firms are likely to jump into the fray[.]" (Ice Miller LLP)
Update on University Section 403(b) Cases: Inconsistent Rulings
"A novel theory proceeding in both the Duke and Emory cases is the claim that the defendants were imprudent to hire multiple record keepers, where consolidating services with one record keeper could have resulted in lower fees for participants." (Jackson Lewis P.C.)
Breach of Fiduciary Duty Case Against University Retirement Plan Fiduciaries Survives Motion to Dismiss
"[T]he court ruled that, for most of the claims asserted, the plaintiffs had properly stated a claim that survives the defendants' motion to dismiss.... [However,] the court granted the defendant fiduciaries' motion to dismiss the claim that it was imprudent for the plan to offer 111 investment options. The court ... explained that having too many investment options does not hurt participants, but rather provides them with additional opportunities to choose investments they prefer." [Henderson v. Emory Univ., No. 16-2920 (N.D. Ga. May 10, 2017)] (Ballard Spahr LLP)
Emory Is First College to Lose in Retirement Plan Lawsuits
"The May 10 decision refusing to dismiss most claims against Emory is the first substantive ruling in the series of proposed class actions filed in August 2016 against the retirement plans of 12 prominent American universities ... Each school is accused of including too many investment options in its retirement plan -- Emory is said to have 111 -- and charging participants excessive fees for record keeping and administrative services, often because of the school's decision to use multiple record keepers." [Henderson v. Emory Univ., No. 16-2920 (N.D. Ga. May 10, 2017)] (Bloomberg BNA)
Form 990 Filing Deadline Approaching
"Tax-exempt organizations that do not file can lose their tax-exempt status, which will affect eligibility to offer 403(b) plans." (PLANSPONSOR)
Connecticut Senate to Consider Narrower 403(b) Disclosure Bill
"[T]he amended bill ... [requires] that 'any company that administers' a 403(b) plan offered by a political subdivision (and not administered by the state itself) must disclose in writing, upon enrollment, and annually thereafter: the fee ratio and return, net of fees, for each investment under the retirement plan; and the fees paid to any person who, for compensation, engages in the business of providing investment advice to participants in the retirement plan either directly or through publications or writings." (National Tax-Deferred Savings Association [NTSA])
The Tiered Investment Menu: A Behavior-Based Approach to Menu Design (PDF)
"Prior to [the DOL's 403(b)] regulations, multi-vendor arrangements with expansive fund menus were common.... [F]urther redesign of the investment menu ... is being done through investment menu segmentation into behavior-based levels or tiers. Many plan sponsors and financial educators are finding this new tiered menu approach easier to communicate and simpler for employees to understand how to select investment options that may be most suitable for them." (Fiduciary Investment Advisors)
Why the Fiduciary Rule Applies to IRAs but Not Non-ERISA 403(b)s
"IRAs are subject to the Tax Code; and Section 4975 of the Internal Revenue Code address prohibited transactions between IRAs an 'disqualified persons' including fiduciaries. The section then goes on to define to define a fiduciary to include any person designated as a fiduciary under ERISA. It is this basis that the DOL is using to affirm that its definition of what constitutes a fiduciary applies to Section 4975 of the Code as well." (PLANSPONSOR)
In K-12 403(b) Plans, Employees and Their Unions Can Be Their Own Worst Enemy
"Employee groups sometimes balk at reducing investment choice when school districts attempt to make changes, given the history of such retirement plans placing importance on an abundance of choice ... There may also be a degree of distrust between school boards and teachers that freezes progress ... Some unions distributing their own retirement products may also have financial incentives to keep their current plans intact[.]" (InvestmentNews)
[Guidance Overview] Rules for Design and Operation of Section 403(b) Plans
"While all employers are eligible to set up a defined benefit plan, and most tax-exempt nongovernmental employers are eligible to set up 401(k) plans, 403(b) plans are another option for certain tax-exempt and governmental organizations. These organizations may establish a 403(b) plan (sometimes called a tax-sheltered annuity plan or a TSA), which can fulfill most of the functions of a qualified plan, including allowing for pre-tax employee elective contributions, while offering various advantages to employers over a traditional qualified plan design." (Venable LLP)
[Opinion] Updated Website Aims to Simplify Teachers' Retirement Choices
"[CalSTRS] has finally upgraded the website where public-school employees can get educated about their 403(b) retirement plan options, making it easier to compare fees and performance and sign up for a plan. While the upgrade of 403bcompare.com could save teachers some serious bucks, it's still not perfect because there is no easy way to compare the thousands of options available in the public schools. What it does do is highlight the shamefully daunting task teachers face trying to save for retirement." (Kathleen Pender, in San Francisco Chronicle)
College Professors Give Themselves a 'B' Grade in Financial Literacy
"[N]early one third (29 percent) of professors aren't sure of the investment mix of their retirement savings, suggesting they don't know if the investments they selected align to a specific financial goal and timeline.... When it comes to the financial wellness of non-faculty employees, 64 percent say they often worry about their financial situation, compared to 44 percent of professors." (Fidelity)
[Guidance Overview] IRS Issues Guidance to Correct Defective 403(b) Plans
"[A]mendments must be retroactive to January 1, 2010, so a correction could cover a lot of years. If a plan was administered based on a defective plan document, that failure would also need to be corrected retroactively using EPCRS. Employers will need to collect information from 2010 forward as to what amendments have been made to the 403(b) plan and when, as well as to whether operation was consistent with those plan terms." (Ice Miller LLP)
[Guidance Overview] IRS Publishes Audit Guidelines for Hardship Withdrawals from 401(k) and 403(b) Plans
"The IRS audit guidelines only relate to the documentation requirements that apply to safe harbor hardship withdrawals, but are likely to also be relevant to non-safe harbor hardship withdrawals." (Miller Johnson)
Managing Critical 403(b) Issues Through Proper Allocation of 3(16) and 3(21) Fiduciary Responsibility
"[T]he complex nature of handling 403(b) plans -- and, in particular, the unique manner in which the fiduciary rules apply to them -- make these plans uniquely suited to customized fiduciary services.... Allocated fiduciary services are especially critical in the growing movement toward 403(b) MEPs, both of the ERISA and non-ERISA types. It takes a special expertise to manage the 'legacy' contract issues in a coordinated and meaningful way [among] a significant number of employers between which employees can often transfer." (Business of Benefits)
[Guidance Overview] IRS Provides New Guidelines for Documenting Hardship Distributions
"The memorandum requests that field agents follow a 2-step approach in determining if a hardship distribution was made on account of a deemed immediate and heavy financial need ... [If] the notification provided to employees in Step 1 or the information reviewed in Step 2 is incomplete or inconsistent on its face, the agent may ask for source documents from the employer or third-party administrator." (EisnerAmper)
[Guidance Overview] IRS Views on Self-Certification of Financial Hardship
"In cases where any participant has received more than two financial hardship distributions in a single plan year, the guidelines advise agents to request source documents supporting those distributions if a credible explanation for the multiple distributions cannot be provided.... [P]lan sponsors may wish to consider limitations on the number of financial hardship distributions that a participant may take or to apply a more stringent process for approving requests for financial hardship distributions where more than two requests are made in any plan year." (Benefits Bryan Cave)
[Guidance Overview] IRS Issues Substantiation Guidelines for Safe-Harbor Hardship Withdrawals
"Although the guidance does not have binding legal or regulatory effect, it nonetheless highlights what auditors of plans offering safe-harbor hardship distributions will be looking for ... and reinforces that plan administrators should be regularly reviewing their record retention practices. It also emphasizes the need for proper documentation and internal controls for such distributions, including, to the extent applicable, understanding between TPAs and employer plan sponsors regarding their respective roles in the review and documentation process, as well as the importance of substantiation before distributions are made." (McGuireWoods LLP)
[Guidance Overview] 401(k) and 403(b) Plan Hardship Distribution Substantiation: What Will the IRS Be Looking For?
"In order to avoid potential unpleasantries on audit, plans that use an electronic or streamlined hardship distribution request process will need to take certain steps. First, the employer or TPA must provide the employee notice ... Second, the summary of information must include, at a minimum, the information specified in the [two recently issued IRS] memoranda ... Third, if a TPA administers hardship distributions, it should provide a report to the employer at least annually that describes the hardship distributions made during the year." (Jackson Lewis P.C.)
[Official Guidance] Text of IRS Memo: Substantiation Guidelines for Safe-Harbor Hardship Distributions from Section 403(b) Plans (PDF)
"This memorandum sets forth substantiation guidelines for EP Examinations employees examining whether a section 403(b) plan safe-harbor hardship distribution is 'deemed to be on account of an immediate and heavy financial need' pursuant to Section 1.401(k)-1(d)(3)(iii)(B) of the Income Tax Regulations.... [The Feb. 23, 2017] 401(k) Memorandum and Attachment are also applicable to hardship distributions from section 403(b) plans[.]" (Internal Revenue Service [IRS])
Connecticut Bill Would Require 403(b) Service Providers to Describe Services, Disclose Compensation
"Entitled 'An Act Requiring Service Providers Under Certain Retirement Plans to Disclose Conflicts of Interest,' the bill requires all service providers to 403(b) plans in Connecticut to describe their services and disclose all the direct and indirect compensation received for the services.... [T]he bill tasks the Connecticut Department of Treasury with adopting regulations regarding those disclosures with only one instruction: that such regulations be 'guided by' the [DOL's] 408(b)(2) regulation from 2012." (National Tax-Deferred Savings Association [NTSA])
[Guidance Overview] IRS Fact Sheet: How to Self-Correct Defective 403(b) Plan Provisions During the Remedial Amendment Period
"During the [remedial amendment period], sponsors of both 403(b) pre-approved plans and 403(b) individually designed plans are eligible to correct plan provisions that fail to meet IRC Section 403(b) requirements (including those under the 403(b) regulations and subsequent guidance) either by: Adopting a 403(b) pre-approved plan by March 31, 2020, that has a 2017 opinion or advisory letter; [or] Amending their individually designed plan by March 31, 2020." (Internal Revenue Service [IRS])
[Guidance Overview] 2017 Compliance Checklist for Qualified Plans Not Subject to ERISA (PDF)
20 pages. "The Compliance Checklist incorporates requirements for governmental and nonelecting church plans, non-ERISA 403(b) plans, 457 plans and nonqualified executive benefit plans, and provides information on the materials that you will need to file, filing due dates and agencies to which the filings should be made." (Prudential)
New Wave of Retirement Fee Litigation: The University 403(b) Lawsuits
"The participant-plaintiffs ... allege that the universities and other fiduciaries of the plans failed to use the plans' billion-dollar negotiating power and, instead, paid unreasonable and excessive fees for recordkeeping, administrative, and investment services. The plaintiffs also allege that the fiduciaries selected and retained investment options that consistently and historically underperformed their benchmarks and charged excessive investment management fees." (Trucker Huss)
[Guidance Overview] IRS Announces the Last Day of the Remedial Amendment Period for 403(b) Plans
"[T]he remedial amendment period is available only if an employer adopted a written plan document intended to satisfy the requirements of Code Section 403(b) on or before January 1, 2010 or, if later, the first day of the plan's effective date.... [If] the form of a Code Section 403(b) retirement plan does not satisfy the requirements of Code Section 403(b) during the remedial amendment period but is properly retroactively amended by March 31, 2020, the plan will be considered to have satisfied the requirements for the entire remedial amendment period[.]" (Proskauer's ERISA Practice Center)
[Guidance Overview] Remedial Amendment Period for 403(b) Plans Ends March 31, 2020
"Although the IRS has not yet issued any determination letters for pre-approved 403(b) plans, it is expected that it will do so soon ... The IRS has never offered a program for individually-designed 403(b) plans to obtain determination letters that plan documents are in compliance with the 403(b) Plan Rules, and has discontinued its regular determination letter program for individually-designed qualified plans, such as pension and 401(k) plans. Accordingly, it is unlikely that plan sponsors will be able to obtain IRS approval that individually-designed 403(b) plans are in compliance with the 403(b) Plan Rules." (Kilpatrick Townsend)
[Guidance Overview] Sponsors of Pre-Approved 403(b) Plans Need to Request Opinion or Advisory Letters by March 31, 2020
"[T]he last day of the remedial amendment period for Section 403(b) plans will be March 31, 2020.... While it is unclear when they might again be permitted to file, the cycle for qualified plans is a six-year cycle. If applied to Section 403(b) plans, this would mean that there will not be another opportunity to file until about 2025 or 2026." (Venable LLP)
403(b) Rules May Suggest Value as Universal Platform of the Future
"One of the most unusual differences ... between 403(b) plans and 401(k) plans is the striking fact that the 415 limit is an individual limit, not a plan level limit. The reason: 403(b) plans are still fundamentally designed around an individual. It is this sort of design which also should suggest it as a potential design of choice for the future: with the focus growing on individual portability of the retirement benefit, it's easy to forget that these individual contracts were portable between plans." (Business of Benefits)
[Guidance Overview] IRS Provides Long-Awaited Guidance on Initial 403(b) Plan Remedial Amendment Period (PDF)
"The IRS first announced that it would be issuing guidance on the remedial amendment period for 403(b) plans in Revenue Procedure 2013-22, where it set forth the procedures for requesting and issuing opinion and advisory letters for pre-approved 403(b) plans. No such opinions or advisory letters have been issued yet, but some applicants have been informed that the review of their plans has been completed, and informal comments from IRS suggest they should start to come out in a few months." (Groom Law Group)
Window for Fixing Current 403(b) Documents to Close in 2020 (PDF)
"IRS will allow 403(b) plan sponsors until March 31, 2020 to correct document defects and/or adopt a pre-approved plan restatement ... The remedial amendment period is available only if an employer adopted a written plan intended to satisfy the 403(b) requirements on or before January 1, 2010, or the plan's effective date, if later (the first day of the plan's remedial amendment period)." (Conduent)
[Guidance Overview] SEC Extends Rule 482 Relief to Non-ERISA Retirement Plans
"While Rule 482 under the Securities Act permits information about investment companies to be provided to investors without being accompanied or preceded by those companies' full prospectuses, DOL-required disclosures did not comply with all the conditions for reliance on Rule 482. Nevertheless, the SEC staff issued a no-action letter in late 2011 under which it agreed, for ERISA plans, to treat the DOL-required disclosures as if they satisfied the conditions of Rule 482. The SEC staff's February 18 letter extends that position to cover provision of the same disclosures required by the DOL rule to participants and beneficiaries in plans that are not subject to ERISA, thus permitting reliance on Rule 482 for such disclosures." (Carlton Fields)
[Guidance Overview] The Birth of the First-Ever IRS Pre-Approved 403(b) Plan Documents
"[E]mployers have maintained 403(b) plans beginning in 1959, well before 401(k) plans were even a glimmer in anyone's thoughts. Employers will, for the first time need to restate their plans to reflect a 'real' plan document ... The restatement period will be a three-year period ending on March 31, 2020. The IRS plans on issuing their approval letters (opinion letters for prototype plans and advisory letters for volume submitter plans) on the plans that have been submitted by March 31, 2017. Once the letters are issued, employers can start restating their plans." (National Tax-Deferred Savings Association [NTSA])
How to Make Your 401(k) or 403(b) Plan a Litigation Target
"[1] Adopt an Investment Policy Statement, then never consult it again.... [2] Don't benchmark your fees or do periodic RFPs.... [3] Load your investment menu with proprietary funds.... [4] Try to do everything in house.... [5] Enter into a revenue sharing arrangement, then fail to monitor payments.... [6] Use multiple recordkeepers and providers.... [7] Set it and forget it, because nobody is complaining.... [8] Don't hold regular committee meetings." (Cohen & Buckmann, P.C.)
[Guidance Overview] Correcting 'Best Guesses' on 403(b) Plan Terms by Using the First Remedial Amendment Period Under Rev. Proc. 2017-18
"Considering there have been generations of administrators and vendor staffs which have used a variety of different methods to operate 403(b) plans, [implementing the 2007 plan document requirement] was bound to be a difficult one. And it has been.... 403(b) written plan documents needed to be adopted by January 1, 2010 ... If you timely adopted a plan document (or adopted a new one since January 1, 2010), the terms of that document are unlikely to comply with what we think the rules are, given what we have found through the pre-approval process[.]" (Business of Benefits)

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