Alert: New Rules for School Retirement Fund Transfers Take Effect
Sept. 25, 2007
The IRS has issued new regulations governing 403(b) retirement plans
that will have significant consequences for school superintendents. For
the first time, superintendents are responsible for administering public
school systems’ qualified savings plans. This document summarizes an
important issue established by the new IRS regulations. Under the new
regulations, a significant change in the rules governing the transfer of
403(b) money will take effect Sept. 25, 2007. Failure to
comply with this rule change may result in adverse tax consequences for
retirement plan participants.
New Transfer Rules Under the current IRS
regulations, employees may transfer funds from one 403(b) retirement plan
provider to another. This exchange of funds is called a 90-24 transfer.
Under the new IRS regulations, 90-24 transfers are not permitted after
Sept. 24, 2007. While 90-24 transfers may continue until Sept. 24, 2007 —
as long as they are made in compliance with current law — after Sept. 24,
2007, the rules change. For transfers after Sept. 24, 2007, school
districts have two options:
- School districts can decide not to allow transfers until
they have a 403(b) written plan in place. Under the new
regulations, school districts are required to create a written plan by
Dec. 31, 2008, that includes information about how they will treat
transfers.
- School districts can enter into an information-sharing
agreement with a 403(b) plan provider by Jan. 1, 2009. The
agreement may allow the district to permit transfers. It is not clear at
this point what information a plan provider and a school district will
be required to share. However, they will likely be required to share
enough information to ensure that 403(b) requirements are met,
including:
- information concerning the participant’s employment or severance;
- information taking into account other section 403(b) contracts or
qualified employer plans, such as information necessary to determine
compliance with applicable hardship distribution requirements; and
- information necessary to satisfy other tax requirements, including
whether a loan from the plan satisfies the applicable provision of the
Internal Revenue Code.
School districts should seek legal and tax advice before entering into
any agreements on transfers.
The AASA Center for System Leadership
is developing a toolkit to help school leaders effectively implement the
new IRS regulations. The toolkit, Blueprints: A Guide to Public School
Plans 403(b) and 457(b), will provide easy-to-use tools and IRS
materials to assist school leaders in understanding what is required to
comply with the regulations. AASA will mail the toolkit to every school
superintendent in the country in November 2007.
Disclosure: This information is provided as information only
and is not intended to be used to avoid tax penalties or to render tax or
legal advice. The taxpayer should seek advice from an independent tax
advisor. Neither AASA nor AASA employees or contractors offer legal or tax
advice.
Sponsored by Horace Mann Companies, AXA Equitable, ING and
AIG VALIC.
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