The IRS issued 2009-3, providing relief during 2009 for sponsors of 403(b) plans on having a written plan in place by January 1, 2009.
In general, sponsors of 403(b) plans are required to have a written plan in place as of January 1, 2009, that satisfy the requirements of the final 403(b) regulations that were published July 26, 2007.
Under Notice 2009-3, however, they are granting relief from the requirement that the written document be in place on January 1, 2009, provided the following:
1. The plan sponsor has adopted the written plan on or before December 31, 2009.