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FT
DEPARTMENT OF THE TREASU R Y
INTERNAL REVENUE SERVICE
WASHINGTON, D.C. 20224
TAX EXEMPT AND
GOVERNMENT ENTITIES
DIVISION
Plan Description: Volume Submitter 403(b) Plan
FFN: 315E077FT08-001 Case: 201700532 EIN: 16-1538542
Letter Serial No: J501 044a
Date of Submission: 10/13/2017
OMNI FINANCIAL GROUP INC Contact Person:
WATER TOWER PARK Janel! Hayes
1099 JAY ST., BLDG. F Telephone Number:
ROCHESTER, NY 14611 513-975-6319
In Reference To: TEGE:EP:7521
Date: 10/17/2017
Dear Applicant:
In our opinion, the form of the plan identified above is acceptable under section 403(b) of the Internal
Revenue Code for use by eligible employers for the benefit of their employees. This opinion relates only to
the acceptability of the form of the plan under the Internal Revenue Code. It is not an opinion of the effect of
other Federal or local statutes.
You must furnish a copy of this letter, a copy of the approved plan, and copies of any subsequent
amendments to each eligible employer who adopts this plan.
This letter considers the changes contained in the final regulations under Code section 403(b) (sections
1.403(b)-1 through 1.403(b)-11) that were published on July 26, 2007 (72 FR 41128) and the applicable
requirements of the 2012 Cumulative List of Changes in Plan Qualification Requirements contained in Notice
2012-76, 2012-62 I. R.S. 775.
Our opinion on the acceptability of the form of the plan is not a ruling or determination as to whether an
eligible employer's plan satisfies Code section 403(b). However, an eligible employer that adopts this plan
may rely on this letter with respect to the satisfaction of its plan under Code section 403(b), as provided for in
Rev. Proc. 2013-22, 2013-18 I.R.S. 985, and outlined below. An eligible employer that adopts this Code
section 403(b) volume submitter plan may rely upon an advisory letter issued for the plan that the form of the
adopting eligible employer's plan satisfies the requirements of Code section 403(b) except (i) to the extent
that the employer modifies the terms of the approved specimen plan (other than by selecting options that are
permitted under the terms of the approved specimen plan) and (ii) if the plan is not a Code section 414(d)
governmental plan or a plan of a Church or Qualified Church Controlled Organization (QCCO) as defined in
Rev. Proc. 2013-22 with respect to whether nonelective contributions under the plan satisfy the requirements
of Code sections 401(a)(4) and 410(b). The terms of the plan must be followed in operation.
This is not a ruling or determination with respect to any language in the plan that reflects Section 3 of the
Defense of Marriage Act, Pub. L. 104-199, 110 Stat. 2419 (DOMA) or U.S. v. Windsor, 570 U.S. 12 (2013),
which invalidated that section, except to the extent that the definition of spouse is relevant for purposes of
required minimum distributions under Code section 401(a)(9) and spousal rollover rights under Code section
402(c)(9).
In general our opinion may not be relied on with respect to the requirements of Code section 415 if the
adopting eligible employer or any of its related employers maintains another Code section 403(b) plan
covering any of the same participants as this Code section 403(b) plan. For this purpose, the term "related
Letter 4335
OMNI FINANCIAL GROUP INC
FFN: 315E077FT08-001
Page: 2
employers" means all employers that are aggregated with the adopting eligible employer under Code sections
41 4(b) and (c) (each as modified by IRC 41 5(h)), (m), and (o), including Regulation 1.414(c)-5. See
Regulations 1.415(c)-1 (d) and 1.415(f)-1 (f) for special rules applicable to Code section 403(b) plans.
This letter may not be relied upon with respect to issues of an inherently factual nature.
This letter does not rule on whether this plan meets any requirements of a multiple employer plan.
This letter does not express an opinion with respect to the terms of any investment arrangements under the
plan of any adopting eligible employer or any other documents that may be incorporated by reference into an
adopting eligible employer's plan. In the event of any conflict between the terms of the plan and the terms of
investment arrangements under the plan (or any other documents incorporated by reference into the plan) the
terms of the plan shall govern.
This letter does not express an opinion, and may not be relied upon, with respect to whether any plan is
subject to the requirements of Title I of ERISA or whether a plan satisfies any of those requirements.
Our opinion does not constitute a determination that the plan is a Code section 414(d) governmental plan or
that the adopting employer is a Church or QCCO.
If you, the volume submitter practitioner, have any questions concerning the IRS processing of this case,
please call the above telephone number. This number is only for use of the practitioner. Individual
participants and/or adopting eligible employers with questions concerning the plan should contact the volume
submitter practitioner. The plan's adoption agreement, if applicable, must include the practitioner's address
and telephone number for inquiries by adopting employers.
If you write to the IRS regarding this plan, please provide your telephone number and the most convenient
time for us to call in case we need more information. Whether you call or write, please refer to the Letter
Serial Number and File Folder Number shown in the heading of this letter.
You should keep this letter as a permanent record. Please notify us if you modify or discontinue sponsorship
of this plan.
Sincerely Yours,
Khin M. Chow
Director, EP Rulings & Agreements
Letter4335