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May an employer sponsoring a 403(b) plan freeze (i.e., cease future contributions) the plan?

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May an employer sponsoring a 403(b) plan freeze (i.e., cease future contributions) the plan?

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Yes. An employer may amend the plan to eliminate future contributions for existing participants. Since the frozen plan would continue to be subject to the written plan requirement, the employer would need to update the plan for any required changes. Furthermore, if the plan were subject to Title I of ERISA, the plan would need to continue to comply with the reporting (e.g., 5500) and disclosure requirements (e.g., summary plan description).

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