403(b) Outlook: IRS Releases Guidance for Implementing Final 403(b) Regulations

January 17, 2008

403b Outlook Archive 403(b) Outlook Archive

On Nov. 27, the Internal Revenue Service released Revenue Procedure 2007-71 (PDF) which contains guidance for implementing the changes required by the final 403(b) regulations issued in July. The Revenue Procedure is effective on Dec. 17, 2007.

The new guidance focuses primarily on two subjects:

  • Transitional rules for contracts issued prior to the regulations’ effective date (Jan. 1, 2009) including contract exchanges with vendors not authorized to accept contributions under the plan.
  • Model plan document language for salary reduction plans for public schools. The final 403(b) regulations generally require all 403(b) plans (including governmental plans) to have written plan documents in place by Jan. 1, 2009.

The Rev. Proc. also makes clear that the deadline for making any plan amendment required by the 403(b) regulations is generally Jan. 1, 2009.

We will be providing a more detailed analysis of the Revenue Procedure in the near future. You can learn more from TIAA-CREF’s Analysis of the final 403(b) regulations (PDF) and our related Administrator Checklist (PDF).

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