IRC 403(b) Tax-Sheltered Annuity Plans – Guidance Affecting 403(b) Plans


403(b) Final Regulations
Includes the legislative changes made to 403(b) plans. Also see Overview of the 403(b) final regulations and the Index to 403(b) final regulations.

Revenue Procedure 2014-28 (Pre-approved 403(b) plans)
Modifies Rev. Proc. 2013-22 which sets forth the procedures for issuing opinion and advisory letters for Section 403(b) pre-approved plans. The IRS will accept applications through April 30, 2015. 

Revenue Procedure 2013-22 (procedures for issuing opinion and advisory letters)
Sets forth the procedures of the IRS for issuing opinion and advisory letters for IRC section 403(b) pre-approved plans.

Revenue Ruling 2011-7
Provides examples of how to terminate a 403(b) retirement plan and explains when distributions from the terminating plan are taxable.

Revenue Ruling 2011-1 (group trusts)
Modifies the general rules for group trusts and expands the types of plans that may participate in Rev. Rul. 81-100 group trusts to include section 403(b)(7) custodial accounts, 403(b)(9) retirement income accounts, and 401(a)(24) governmental retiree benefit plans. Provides guidance on the availability of group trusts to a Puerto Rican plan and the on spin-off of assets related to Puerto Rican participants.

Announcement 2009-89
Remedial amendment period to correct form defects in a 403(b) plan, retroactive to January 1, 2010, if the plan sponsor adopts a pre-approved 403(b) plan with a favorable opinion letter or applies for an individual determination letter when available.

Announcement 2009-34
Draft revenue procedure explaining the proposed 403(b) plan prototype program for issuing opinion letters and sample plan language for drafting 403(b) prototype plans.

Revenue Ruling 2009-18
Lists the guidance documents that the final 403(b) regulations have superseded or made obsolete in their entirety, with one noted partial exception.

Notice 2009-3
Provides relief during 2009 for certain 403(b) plan sponsors from the requirement to adopt a written plan by January 1, 2009.

Revenue Procedure 2007-71
Contains model language that public schools may use to adopt or amend their 403(b) plans for the final 403(b) regulations requirements.

Related Guidance

Additional resources