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403(b) Retirement Plan Compliance Gary Mauger and Christine Dailey Managing Partners (704) 900-5566

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Presentation on theme: "403(b) Retirement Plan Compliance Gary Mauger and Christine Dailey Managing Partners (704) 900-5566"— Presentation transcript:

1 403(b) Retirement Plan Compliance Gary Mauger and Christine Dailey Managing Partners (704) 900-5566

2 Agenda Key 403(b) regulations First year audit findings Employer responsibilities Next steps Resources for help Questions and discussion

3 New 403(b) Regulations Major Changes and Requirements Written plan document Nondiscrimination testing changes Transfers In-service distributions Form 5500

4 New 403(b) Regulations Written Plan Document Required for ERISA and non-ERISA plans Must be congruent with vendor contracts/custodial agreements SPD requirements

5 New 403(b) Regulations Plan Transfers Transfers-in Target contract must be as strict Benefit must be equal Transfers-out require an Information Sharing Agreement (ISA)

6 New 403(b) Regulations In-Service Distributions Employer must coordinate loan and hardship information May delegate to a third party Triggering event required for in-service withdrawals for employer contributions

7 New 403(b) Regulations Nondiscrimination Testing Repeal of Notice 89-23 Elimination of permitted disparity safe harbor Age and service graded plans must now test each grade

8 New 403(b) Regulations Form 5500 Full Form 5500 required beginning with 2009 plan years Significantly more complex Audit required for plans with 121 participants or more

9 Timeliness of Contribution Remittance Rule: Remittance must be sent as soon as administratively feasible but no later than 15 business days following the month of withdrawal. Issue: Late remittances must be reported on the Form 5500 and a correction including lost earnings made for each participant. Best Practice: No safe harbor for large plans (more than 100 participants). Seven day safe harbor for small plans. Remit ASAP after every payroll.

10 Hardship Withdrawal Compliance Rule: Use Safe Harbor Criteria; Stop deferrals for six months Issue: Who is determining eligibility for hardship? Have deferrals stopped for six months? Best Practice: Delegate eligibility determination to vendor if possible. Stop deferrals for six months.

11 Plan Document Accuracy Rule: Plan document must accurately reflect actual administrative practice. Issue: Does the plan document accurately describe key administrative practice such as eligibility requirements, hours of service definition, etc. Best Practice: Carefully follow the plan document. If changes are made, amend the document.

12 Definition of Compensation Rule: Elective deferrals must be calculated on “Includable Compensation” (Total Compensation). Employer contributions can be made on a different definition of Compensation. Issue: If the two definitions of compensation (elective deferrals and employer contributions) are different, this must be administered correctly with payroll deductions and the Salary Reduction Agreement. Best Practice: Review definitions of compensation for each and revise practice as necessary.

13 Compliance Testing Rule: Plan must be tested for nondiscrimination each year.. Issue: Tests are not performed. Best Practice: Test annually and retain the results.

14 Fidelity Bond Rule: A fidelity bond of 10% of plan assets with a max of $500,000 is required. Annuity only plans may be exempted. Issue: Many plans now have mutual funds requiring the bond and there is uncertainty about the annuity exemption. Best Practice: Purchase and maintain a bond.

15 Employer Responsibilities Sound plan design Plan document/SPD Nondiscrimination Testing Reporting and disclosure More involvement in plan operations Investment Due Diligence

16 Employer Responsibilities Fiduciary Duties What is your fiduciary responsibility? Learn duties Prudent expert standard Plan decisions Plan compliance and administration Investment due diligence process Named Fiduciary Fiduciary Insurance

17 Next Steps Compliance Audit Adherence to Plan Document Provisions Nondiscrimination Testing Required Reporting and Disclosure Investment Due Diligence Process

18 Resources Advisor Vendor information Consultant Regulator publications

19 Resources Links Final 403(b) Regulations: IRS Information:,,id=172430,00.html,,id=172430,00.html Department of Labor Bulletin:

20 Questions and Discussion Gary Mauger and Christine Dailey Managing Partners New Pinnacle Consulting Group, LLC (704) 900-5566

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