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Not for Profit - Changes Affecting 403(b) Retirement Plans

Attention Not-for-Profit Operators

There have been significant changes to the regulations affecting 403(b) retirement plans. One of the most critical was the elimination of the exemption of certain disclosure and audit requirements that were previously granted to 403(b) plans. For the 2009 plan year, 403(b) plans will be subject to the same reporting and audit requirements as a 401(k) plan.

Generally, ERISA-covered plans with 100 or more eligible participants at the beginning of the plan year, will be required to file audited financial statements with their 2009 filing. While the new requirement is not effective until the 2009 filing, if your plan meets the audit requirements, then the plan's financial statements will also need to include certain comparative financial information for the 2008 plan year.

We recommend that organizations that have a 403(b) retirement plan consider the following:

  • Communicate early with your plan service provider to ensure that the information needed to audit the plan's financial statements is available and all changes to plan documents have been completed. In addition, ask your service provider if a "SAS 70" report on the internal controls established to process plan transactions will be available.

  • Establish proper internal controls over the plan's financial reporting process, including proper authorization and recordkeeping of the plan's transactions.

  • Ensure that plan participant records and the plan's books and records are complete and accurate. Records should include contribution and disbursement records, all individual participant account balances, investment schedules, loan activity, and a trial balance to support the preparation of the plan's financial statements.

  • Consider engaging an independent auditor (i.e., Moore Stephens Lovelace, P.A.) to perform audit procedures on the 2008 information required for the 2009 Form 5500 filing.

These steps will help prepare you for the 2009 plan audit and will help to resolve problems obtaining information from your service provider sooner rather than later.

For more information on MSL's services, call us at 1.800.683.5401 or contact us.

 

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