SECTION 3. SECTION 457(b)

RULING PROCEDURAL REQUIREMENTS

.01 Section 5.19 of Revenue Procedure 98–3, 1998–1 I.R.B. 100, 110, currently provides that the Service will not issue rulings regarding the tax effects of provisions under the SBJPA affecting § 457(b) plans. Effective on August 10, 1998, except as provided in Section 4 below, the Service will consider all requests for rulings for § 457(b) plans made in accordance with Revenue Procedure 98–1, 1998–1 I.R.B. 7 (including payment of the required user’s fee), the additional requirements of this Section 3, and any other rule adopted by the Service from time to time. See Section 5 below regarding the impact of this revenue procedure on Revenue Procedure 98–3. .02 If a ruling is requested for a § 457(b) plan that has previously received a private letter ruling, the ruling request must include a copy of the previous ruling letter. Private letter ruling requests for § 457(b) plans that have been amended more than twice since the plan was established must contain a restated plan document incorporating all amendments and proposed amendments. In the case of a restated plan, the ruling request must clearly identify the changes made to the plan since any prior private letter ruling was issued (for example, by underscoring the location of all changes in the restated plan document). In the case of a plan intended to be a § 457(b) plan maintained by a state or local government entity, a copy of the trust agreement, custodial account agreement, or annuity contract must be included with the private letter ruling request. (If there are more than 3 trust agreements, custodial account agreements, or annuity contracts, representative samples of these documents may be provided.)