SECTION 10. EMPLOYER

RELIANCE

.01 An eligible employer that adopts a standardized § 403(b) prototype plan may rely upon a favorable opinion letter issued for the plan that the form of the adopting eligible employer’s plan satisfies the requirements of § 403(b) if (1) the only contributions under the plan are elective deferrals or (2) all of the employers in the adopting eligible employer’s controlled group are eligible employers within the meaning of § 1.403(b)–2(b)(8). If the plan provides for contributions other than elective deferrals and the adopting eligible employer’s controlled group includes any

requirements in .01 or .02 of this section 7 are satisfied.