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List of Pre-Approved 403(b) Plans

This list includes Prototype (P) and Volume Submitter (VS) plans that were submitted to the IRS for opinion or advisory letters from June 28, 2013 to September 09, 2015, covering the final regulations under IRC 403(b) which were issued in 2007 (2007 final regulations).

The list will be updated periodically. It includes:

  1. The name of the P sponsor or VS practitioner

  2. The file folder number (FFN) assigned to each plan

  3. The plan type of each plan submitted

  4. A letter serial number (LSN) and date. Please note that virtually all of the opinion and advisory letters will be issued at the same time, thus at the date this list is initially issued it will not contain any LSNs or dates.

Determining the type of plan

The third digit of the FFN indicates the type of plan being approved.  For example, a number 2 or 3 respectively denote a standardized or non-standardized P; a 5 or 6 depicts a volume submitter plan.

Remedial amendment period

Section 21 of Revenue Procedure 2013-22 establishes a remedial amendment period under which an eligible employer can retroactively correct form defects in its written 403(b) plan in order to satisfy the written plan document requirement of the 2007 final regulations.  An eligible employer who adopts on or before the end of this remedial amendment period a P or VS plan with an opinion or advisory letter (i.e., an approved P or VS plan) retroactive to the first day of such remedial amendment period will automatically be considered to have corrected any form defects (except to the extent any document incorporated by reference into the plan must be amended).

The last day of the remedial amendment period by which an eligible employer must adopt an approved P or VS plan, or otherwise amend its plan in the case of an individually designed plan, will be the date announced by the IRS in accordance with section 21.05 of Revenue Procedure 2013-22.  It is expected that this date will provide each eligible employer with a period in excess of 1 year from the date of the announcement during which to either adopt an approved P or VS plan, or otherwise amend its plan.

Additional resources

 

Page Last Reviewed or Updated: 19-Sep-2016