FIS Relius

A 403(b) plan, unlike a 401(k) plan, does not have an ADP test. However, 403(b) plans are subject to the universal availability rule (elective deferral nondiscrimination requirement). In general, the universal availability rule requires a 403(b) plan to cover all employees and prohibits the plan from imposing an eligibility requirement with respect to elective deferrals. However, the rule does permit the plan to exclude certain employees (e.g., the 20 hour/week exclusion). The exclusions come with very specific rules. In recent guidance, the IRS has provided some flexibility with respect to universal availability as to exclusions for ERISA plans and with respect to the application of eligibility requirements for 403(b) plans. Because the universal availability requirement continues to be a hot topic for IRS examiners, understanding the universal availability rule, the exclusions and the recent flexible IRS interpretations is absolutely necessary for all 403(b) practitioners.

In this 60-minute webcast, we provide you with an understanding of the universal availability requirement and explain how to correct a violation of this important 403(b) requirement.

Topics include:

• Universal availability requirement
• Plans exempt from the requirement
• Exclusions
• New IRS guidance
• ERISA vs. non-ERISA plans
• 20 hour/week exclusion
• Exclusions subject to the all or not at all rule
• Correction of failure

Level: Overview

Instructional Delivery Method:
Group – Internet-Based

Speaker: Stephen W. Forbes, J.D., LL.M.
Author of The 5500 Filing Guide

Objectives: After attending this seminar, attendees should be able to:

1. Explain the universal availability rule
2. Apply the exclusions
3. Implement new IRS guidance
4. Design plans to take advantage of the new guidance
5. Correct a plan that has violated the universal availability requirement
6. Apply properly the 20 hour/week exclusion

Hardware System Requirements:

• Windows Vista, Windows 7, or Windows 8
• Internet Explorer 8 or later, and set browser to allow pop-up windows.
• High-speed Internet connection.
• 1023 x 768 or higher display resolution.
• Soundcard and Speakers.

Software Requirements:

• Silverlight Version 4 is required. Silverlight Version 5 or higher is preferred.
• Silverlight 4 System Requirements Information: http://www.microsoft.com/getsilverlight/locale/en-us/html/installation-win-SL4.html
• Silverlight Downloading:
  • If you do not have Silverlight on your desktop, you should see an automatic pop-up window that will allow you to install it.
  • If you don't see the pop-up window, or if you wish to install this application before you access the recording, you may download it from this location: http://www.microsoft.com/getsilverlight/get-started/install/default.aspx 
• If you have questions or need assistance with accessing/downloading Silverlight, please contact your IT or MIS department.

Program related requests, questions, or concerns may be emailed to: relius.education@sungard.com.