IRS Notice 2009-3 Revisited: Rely on Written Guidance Over Verbal

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January 1, 2009 has come and gone—but the 403(b) deadlines are still firmly rooted to that deadline.

Ellie Lowder, an independent consultant and author of the forthcoming third edition of The 403(b) Compliance Guide for Public Education Employers, advises caution about relying on verbal assurances that may not be explicit in the written guidance in IRS Notice 2009-3.  Be aware that written guidance is the standard used by the IRS in determining whether your district meets all compliance requirements. ASBO International encourages districts to have plans in place as quickly as possible and to review them with legal counsel.

For more on this, plus news on a forthcoming governmental 401(a) plan questionnaire, visit ASBO's 403(b) Resources page.