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The Universal Availability Requirement for 403(b) Plans (PDF)
Benefit Consultants Group 
[Guidance Overview] Feb. 4, 2010
Excerpt: An employee's right to defer is not universally available unless the employee is provided an effective opportunity to defer. Whether an employee has an effective opportunity is determined based on all the relevant facts and circumstances, including notice of the availability of the election, the period of time during which an election may be made, and any other conditions on elections.
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