SECTION 11. MAINTENANCE OF

APPROVED STATUS

.01 An approved § 403(b) prototype plan must be amended by the prototype sponsor and, if necessary, the eligible employer, to retain its approved status if any provisions therein fail to meet the requirements of § 403(b) as a result of a changes in the Code, regulations, revenue rulings, or other guidance published by the Service. The Service expects future guidance to require the restatement of every § 403(b) prototype plan by the prototype sponsor every six years. Upon issuance of a new opinion letter for the restated plan, adopting eligible employers would be required to complete new adoption agreements. Future guidance will also address operational compliance and whether interim amendments may be required between plan restatements.

.02 If a prototype sponsor determines that a § 403(b) prototype plan as adopted by an eligible employer may no longer satisfy the requirements of § 403(b) and the prototype sponsor does not or cannot submit a request to correct under the Voluntary

2009–18 I.R.B. 924 May 4, 2009

sor must notify the Service in writing of the change in name and certify that it still meets the conditions for sponsorship described in section 7. No opinion letter will be issued and no user fee will be required for a mere change in name.