For guidance on what may cause a 403(b) plan to be subject to ERISA, please consult the Department of Labor's rules. Reporting and Disclosure Guide for Employee Benefit Plans, Meeting Your Fiduciary Responsibilities, Selecting an Auditor for your Employee Benefit Plan.Regulatory changes require all ERISA 403(b) plans to file expanded 5500 packages to the. Internal Revenue Service (IRS) and Department of Labor (DOL). IRS Notice 202473 provides guidance on the eligibility rules for longterm, parttime (LTPT) employees in ERISAcovered 403(b) plans under the SECURE 2.0 Act. A 403(b) plan that is an ERISA plan is subject to meeting the requirements related to the following. This guide delves into the intricacies of 403(b) compliance testing, shedding light on the required tests and rules that govern these retirement plans. Complete the Enrollment Form. The Plan Administrator may prescribe such uniform and nondiscriminatory rules as it deems appropriate to carry out the terms of this Plan Section 3.01(C). Plans that do not fall under Title I of ERISA do not have to comply with ERISA requirements relating to participation standards, minimum coverage, vesting,.