1. require that Section 403(b) plans be maintained pursuant to a written plan that includes
the terms and conditions for eligibility, limitations, and benefits under the plan, rather
than rely on the annuity contracts or custodial account documents of insurance
companies or mutual funds;
2. limit the amount of pre-tax elective deferrals that can be made to Section 403(b) plans
to the Section 402(g) limit (the same limit as pre-tax elective contributions to Section
401(k) plans;
3. limit distributions payable on non-grandfathered contracts, not subject to other
distribution restrictions, to only after employment termination or occurrence of a
specified event (such as disability, attainment of a specific age or fixed number of years);
4. provide that non-grandfathered incidental life insurance may not be part of a Section 403
(b) plan;
5. limit contract exchanges to only those funding vehicles authorized by the Section 403(b)
plan (essentially revoking Revune Ruling 90-24); and
6. permit in-service, plan-to-plan Section 403(b) asset transfers if certain conditions are
met.
The new regulations constitute the first major change to Section 403(b) plans in 43 years, and, with some exceptions, are generally effective for taxable years beginning after December 31, 2008.