Rev. Proc. 2014-28 - Revised rules for opinion and advisory letters for section 403(b) prototype and volume submitter plans 

March 25:  The IRS today released an advance copy of Rev. Proc. 2014-28 to modify earlier guidance—Rev. Proc. 2013-22—providing IRS procedures for issuing opinion and advisory letters for section 403(b) pre-approved plans (i.e., section 403(b) prototype plans and section 403(b) volume submitter plans).


Rev. Proc. 2013-22 established a new program for section 403(b) pre-approved plans, modeled after the program for pre-approved section 401(a) qualified plans.

The IRS, however, received comments from pre-approved plan sponsors requesting that the section 403(b) pre-approved plan program be modified to reflect the differing needs of plan sponsors of section 401(a) qualified plans and section 403(b) plans, and to extend the deadline to submit applications to the IRS under the section 403(b) pre-approved plan program.

Rev. Proc. 2014-28

Rev. Proc. 2014-28 [PDF 68 KB]—

  • States that the IRS will accept applications for opinion and advisory letters regarding the acceptability under section 403(b) of the form of prototype plans and volume submitter plans, respectively, through April 30, 2015
  • Modifies the program established by Rev. Proc. 2013-22 to allow more plan sponsors and eligible employers to participate in the section 403(b) pre-approved plan program

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