###### Editorial Note on Part 1

#### Editorial Note:

IRS redesignated the following sections to appear below the undesignated center heading “Regulations Applicable to Certain Bonds Sold Prior to July 8, 1997” and preceding the undesignated center heading “Deductions for Personal Exemptions.” See 62 FR 25507 and 25513, May 9, 1997 for the specific sections involved in the redesignation.

#### § 1.403(b)-0 Taxability under an annuity purchased by a section 501(c)(3) organization or a public school.

This section lists the headings that appear in §§ 1.403(b)-1 through 1.403(b)-11.

## § 1.403(b)-1 General overview of taxability under an annuity contract purchased by a section 501(c)(3) organization or a public school.

## § 1.403(b)-2 Definitions.

(a) Application of definitions.

(b) Definitions.

## § 1.403(b)-3 Exclusion for contributions to purchase section 403(b) contracts.

(a) Exclusion for section 403(b) contracts.

(b) Application of requirements.

(c) Special rules for designated Roth section 403(b) contributions.

(d) Effect of failure.

## § 1.403(b)-4 Contribution limitations.

(a) Treatment of contributions in excess of limitations.

(b) Maximum annual contribution.

(c) Section 403(b) elective deferrals.

(d) Employer contributions for former employees.

(e) Special rules for determining years of service.

(f) Excess contributions of deferrals.

## § 1.403(b)-5 Nondiscrimination rules.

(a) Nondiscrimination rules for contributions other than section 403(b) elective deferrals.

(b) Universal availability required for section 403(b) elective deferrals.

(c) Plan required.

(d) Church plans exception.

(e) Other rules.

## § 1.403(b)-6 Timing of distributions and benefits.

(a) Distributions generally.

(b) Distributions from contracts other than custodial accounts or amounts attributable to section 403(b) elective deferrals.

(c) Distributions from custodial accounts that are not attributable to section 403(b) elective deferrals.

(d) Distribution of section 403(b) elective deferrals.

(e) Minimum required distributions for eligible plans.

(f) Loans.

(g) Death benefits and other incidental benefits.

(h) Special rule regarding severance from employment.

## § 1.403(b)-7 Taxation of distributions and benefits.

(a) General rules for when amounts are included in gross income.

(b) Rollovers to individual retirement arrangements and other eligible retirement plans.

(c) Special rules for certain corrective distributions.

(d) Amounts taxable under section 72(p)(1).

(e) Special rules relating to distributions from a designated Roth account.

(f) Certain rules relating to employment taxes.

## § 1.403(b)-8 Funding.

(a) Investments.

(b) Contributions to the plan.

(c) Annuity contracts.

(d) Custodial accounts.

(e) Retirement income accounts.

(f) Combining assets.

## § 1.403(b)-9 Special rules for church plans.

(a) Retirement income accounts.

(b) Retirement income account defined.

(c) Special deduction rule for self-employed ministers.

## § 1.403(b)-10 Miscellaneous provisions.

(a) Plan terminations and frozen plans.

(b) Contract exchanges and plan-to-plan transfers.

(c) Qualified domestic relations orders.

(d) Rollovers to a section 403(b) contract.

(e) Deemed IRAs.

(f) Defined benefit plans.

(g) Other rules relating to section 501(c)(3) organizations.

## § 1.403(b)-11 Applicable date.

(a) General rule.

(b) Collective bargaining agreements.

(c) Church conventions.

(d) Special rules for plans that exclude certain types of employees from elective deferrals.

(e) Special rules for plans that permit in-service distributions.

(f) Special rule for life insurance contracts.

(g) Special rule for contracts received in an exchange.

[T.D. 9340, 72 FR 41140, July 26, 2007]