Final Regulations: Information for Public Schools

The information below may help you better understand the new 403(b) regulations and their impact on your plan.

General information

403(b) Programs - A Guide For Public School Systems

Are you a plan fiduciary under the 403(b) regulations?

A Plan Sponsor Guide to Distributions under a Public School 403(b) Plan

403(b) "e" Prepared

Plan documents

Information from ING U.S. about the IRS 403(b) written plan document requirement

ING U.S. is pleased to provide you with the following 403(b) Plan Documents for Public Schools. A plan sponsor should review the appropriate plan document, together with legal counsel to the extent appropriate, to determine whether additional modifications to the plan document may be necessary to address specific facts, circumstances, and applicable law.

ING U.S. Specimen Plan Document for Public Schools - Employee Deferrals Only

Please note that this document is offered by ING U.S. as:

  • a 403(b) plan document for public schools intended to meet the requirements of the final 403(b) regulations issued on July 24, 2007 (Federal Register (72 FR 41128));
  • a plan document substantially similar to the IRS model plan language under Rev. Proc. 2007-71. The document has not been reviewed or approved by the Internal Revenue Service.

How to adopt the ING U.S. 403(b) Plan for Public Schools - Employee Deferrals Only

ING U.S. Specimen Plan Document for Public Schools - Enhanced for Roth 403(b) and Employer Contributions

Please note that this document is offered by ING U.S. as:

  • a 403(b) plan document for public schools intended to meet the requirements of the final 403(b) regulations issued on July 24, 2007 (Federal Register (72 FR 41128));
  • a plan document substantially similar to the IRS model plan language under Rev. Proc. 2007-71. Additional features in this 403(b) plan document are the ability to offer Roth 403(b) and/or Employer Contributions under your 403(b) plan, which are not addressed by the IRS model plan language. The document has not been reviewed or approved by the Internal Revenue Service.

How to adopt the ING U.S. 403(b) Plan for Public Schools - Enhanced for Roth 403(b) and Employer Contributions

Board Resolution

Specimen Board Resolution to authorize a school board to adopt the plan document and to authorize the school business official to sign the document.

Be prepared for 403(b) plan audits by the IRS

The IRS has stepped up 403(b) plan audit activity in the past several years… Are you ready if they contact you? Coping with IRS 403(b) Audits can help you prepare in case the IRS comes calling. It includes information on what documents to keep on hand and the top issues IRS examiners look for.

Universal Availability Notices

Information for you, as plan sponsor, about the need to provide Universal Availability Notices:

Universal Availability Letter

Sample Universal Availability Notice

Information Sharing Agreement

If you amend your plan document to reflect that in 2009 or later an investment provider is no longer approved to receive contributions under the 403(b) plan, that investment provider needs to enter into an information sharing agreement with you in order to be authorized to receive contract exchanges after January 1, 2009.

  • A specimen Information Sharing Agreement that can be used with such providers.
  • A specimen document that you can use to identify both those investment providers authorized to receive ongoing contributions and those authorized to receive transfers under your 403(b) plan: Specimen Provider List

ING U.S. is proud to contribute 403(b) Regulations education and expertise to education associations.

To see more, please visit these association websites:

Contact us to request that an ING U.S. representative get in touch with you to provide you with more information about the final regulations.

These materials are not intended to be used to avoid tax penalties, and were prepared to support the promotion or marketing of the matter addressed in this document. The taxpayer should seek advice from an independent tax advisor.

C09-1103-002