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On Tuesday August 29, 2006, the Internal Revenue Service announced that the general effective date
for the final regulations under section 403(b) (including the related controlled group regulations
under section 414(c)) will be extended to at least January 1, 2008. The IRS stated that the effective
date is being extended "in order to provide employers, employees, insurance carriers, and mutual funds
involved in section 403(b) arrangements a reasonable advance period before the regulations go into effect."
Review the proposed 403(b) regulations at the IRS website.
Throughout the past year, you have received many updates on the pending 403(b)
regulations. You may have heard of a tentative June 30, 2006 release date for
these regulations. Great American Plan Administrators wanted to provide you with
the latest information communicated at the Cincinnati Employee Benefits Conference,
held on June 15-16, 2006.
During a conference presentation, Marty Pippins, manager of employee plan,
technical guidance and quality assurance at the Internal Revenue Service,
stated that the IRS regulations are starting to move through the clearance process.
The regulations will be published within the next couple of months, and then will
require further work on the language for model documents. Although a final decision
is yet to be made, the IRS is currently considering a later effective date.
Great American Plan Administrators remains committed to keeping you informed
about the pending regulations. GA Plan will be there to help you transition
when the regulations are released.
A copy of the final 403(b) regulations can be expected in April or early May, and
definitely by the end of June. Although we are aware of the topics the Treasury
Department has focused on in the proposed regulations, it is premature to speculate
about what the final regulations will be. We will contact our plan administration
groups with a summary of the final regulations. In addition, a summary will be
posted here in the news section.
Your school or
non-profit organization needs to adopt a 403(b) plan document effective January
1, 2006.
The IRS has delayed the final version of the 403(b) regulations until January 1, 2007.
Adopting a plan document now may disqualify you from any grandfathering rules in the final
403(b) regulations and may cause additional expense if the plan document must be amended to
comply with final regulations.
You need to act now.
You should plan now.
Review the proposed 403(b) regulations. Final regulations will probably closely
resemble the proposed regulations. Take some time to collect and review information regarding your
existing 403(b) plan.
When the 403(b) regulations become final, GA Plan Administrators will assist
you in understanding the new requirements and making necessary changes to your plan.
For the first time in more
than 40 years, the IRS and Treasury Department have released proposed regulations
regarding 403(b) plans. These proposed regulations focus primarily on the
administration of loans, hardship withdrawals, and transfer of funds. The
regulations would require a plan document for 403(b) plans and require employer
involvement in any transfer of funds. There will also be more restrictive
guidelines for transfers. Read more information about these proposed regulations.
The proposed regulations were
expected to be finalized by the end of 2005. However, because of Hurricane
Katrina and emergency Administrative and Congressional matters, the regulations
are now expected to be finalized in the first or second quarter of 2006, with a projected effective date of January 1, 2007. We will provide
updates on the GA Plan Administrators Web site as they become available.
The final version of the proposed 403(b) regulations has
been delayed until next year. The Employee Plan division of the IRS will continue to
evaluate the comments they’ve received from the public before issuing the final
regulations. It is anticipated that they may be ready for publication during
the first quarter of 2006. Because of this delay in finalizing the regulations, the effective date is now January 1, 2007.
For more information, read the latest issue of the IRS newsletter Employee Plans News (Volume 5/Fall 2005).
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