Beginning with 2009 Form 5500 filings, employee benefit plans under section 403(b) of the IRC will be subject to the same reporting and audit requirements that currently exist for 401(k) plans. Is your organization ready?
The major new requirement is the presence of a Plan Document. The Plan Document will have the same required elements as a 401(k) plan (eligibility, investment options, contribution limitations, vesting schedules, distribution guidelines, provisions for compliance testing, etc). Your plan record keeper should have the ability to help draw up a plan that meets IRS guidelines.
Another large provision relates to the audit requirement – if your organization has over 100 eligible participants, your 403(b) plan will have to be audited for any plan years beginning on or after January 1, 2009. Audits can be quite time-consuming on any organization, especially in the first year. Beginning balances will have to be audited in addition to 2009 amounts. It may be difficult to gather complete and accurate investment information from all third party administrators (TPAs) that have been associated with the plan. Records may not be readily available and may come from multiple sources. It may also be difficult to collect information related to former employees who continue to have holdings in the plan. You should begin discussing your needs with all applicable TPAs as soon as possible so that it will be clear what they will be able to provide. As the information is being gathered, the plan sponsor (usually your organization) will need to carefully and thoroughly document its approach for the data collection.
There are several other new requirements that may also impact your plan. If you have any questions related to what information you’ll need to be prepared for these requirements, feel free to give us a call.
Morgan Daulton
mdaulton@ddfky.com




