Employers that sponsor 403(b) plans, such as public school districts, have until December 31, 2009, to adopt written 403(b) plan documents in order to comply with the 403(b) Regulations issued by the Department of Treasury (“Regulations”). Although the Regulations originally required the written 403(b) plan document to be in place before January 1, 2009, the IRS extended the deadline to December 31, 2009, so long as the Plan document’s effective date is retroactive to January 1, 2009. Having a written 403(b) plan document is a requirement of the Regulations, and applies whether or not the Employer’s 403(b) plan is governed by the Employee Retirement Income Security Act (“ERISA”). According to the Regulations, failing to have the written plan document executed and in place by the deadline results in the amounts contributed to the 403(b) plan, including the employees’ elective contributions deducted from their paychecks, being taxable income. As the year-end deadline approaches, most employers have already completed and signed a written plan document and are in compliance with the Regulations. For those employers who are still not done, however, there is still time to get the job completed and be in compliance.
