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IRC 403(b) Tax-Sheltered Annuity Plans: Correcting an Eligibility Failure Due to Loss of Tax-Exempt Status
Internal Revenue Service [IRS] 
[Official Guidance] Feb. 15, 2011
If a retirement plan was intended to satisfy the requirements of Code ?403(b) but was adopted or operated by a plan sponsor that is not a tax-exempt organization described in Code ?501(c)(3) or an educational organization described in Code ?170(b)(1)(A)(ii), the plan may have an 'eligibility failure'.
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