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 November 15, 2017, covering the final regulations under IRC 403(b) which were issued in 2007 (2007 final regulations).
The list may be updated periodically. It includes:
- The name of the P sponsor or VS practitioner
- The file folder number (FFN) assigned to each plan
- The plan type of each plan submitted
- A letter serial number (LSN) and date. Please note that virtually all of the opinion and advisory letters were issued at the same time, March 31, 2017.
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 selection of the last day of the remedial amendment period for Section 403(b) plans was reserved in Section 21 of Rev. Proc. 2013-22 (setting forth the procedures for issuing opinion and advisory letters for § 403(b) pre-approved plans). 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, is addressed in Revenue Procedure 2017-18. This revenue procedure provides that the last day of the remedial amendment period for § 403(b) plans, for purposes of section 21 of Rev. Proc. 2013-22, 2013 18 I.R.B. 985, is March 31, 2020.