Baden Retirement Plan Services

403b (Nonprofit)

 

April 2009 - Special Edition of Employee Plans News from the Internal Revenue Service
Announcement 2009-34 - Request for Comments on Revenue Procedure for 403(b) Prototype Plans and Sample Plan Language

 
Baden Retirement Plan Services is an independent third party administrator (TPA) of 403(b) plans for non-profit organizations. We assist nonprofit organizations with:
  • 403(b) Plan Documents
  • 403(b) Plan Administration
  • 403(b) Plan Compliance Testing
  • 403(b) Plan Consultation
  • 403(b) Plan Daily Valuation and Recordkeeping
  • 403(b) Plan Form 5500
  • 403(b) Plan Design
Types of organizations that can establish 403(b) plans include:
  • Public schools
  • Colleges and universities
  • Nonprofit organizations that are exempt from tax under Internal Revenue Code § 501(c)(3) such as some hospitals, ministers, religious organizations, charitable organizations, and some organizations established for the purpose of promoting or providing science, literacy, testing for public safety, fostering national or international amateur sports competition, and the prevention of cruelty to children or animals
Notice from the IRS:
 
On December 11, 2008, the Internal Revenue Service issued Notice 2009-3, Relief from Immediate Compliance with 2009 §403(b) Written Plan Requirement.  Prior to this Notice, the final 403(b) plan regulations published on July 26, 2007, stated that the deadline for 403(b) plan sponsors to have a written plan document was January 1, 2009.  This Notice states that the IRS is extending the deadline for plans sponsors to adopt new written plans or amend existing plans to satisfy the requirement of the final 403(b) regulations.
 
According to the Notice, "the Service will not treat a 403(b) plan as failing to satisfy the requirements of §403(b) and the final regulations during the 2009 calendar year, provided that: 
  1. On or before December 31, 2009, the sponsor of the plan has adopted a written §403(b) plan that is intended to satisfy the requirements of §403(b) (including the final regulations) effective as of January 1, 2009. 
  2. During 2009, the sponsor operates the plan in accordance with a reasonable interpretation of §403(b), taking into account the final regulations; and
  3. Before the end of 2009, the sponsor makes its best efforts to retroactively correct any operational failure during the 2009 calendar year to conform to the terms of the written §403(b) plan, with such correction to be based on the general principles of correction set forth in the Service's Employee Plans Compliance Resolution System (EPCRS) at section 6 of Rev. Proc. 2008-50 (2008-35 I.R.B. 464)."
For more information, contact Tom Ackmann at (260) 969-2677 or use our Contact Us form to e-mail your inquiry.