Can a 415(m) excess plan be excess to a defined contribution 403(b) plan? I would appreciate your insights and comments.

IRS Private Letter Ruling 200148054 approved a 415(m) excess plan that was excess to a defined contribution 403(b) plan. IRS PLR 200526025 approved a 415(m) excess plan that was excess to a defined contribution 401(a) qualified plan.

My concerns are:

1. IRC Section 415(m) appears to allow a 415(m) excess plan to be excess to only a defined benefit plan.

2. The April 5, 2007, final Treasury regulations under IRC Section 415 state that a 415(m) excess plan can be excess to a defined benefit plan but are silent on whether a 415(m) excess plan can be excess to a defined contribution plan.

3. For 415 purposes a 403(b) contract is treated as maintained by the employee, not the employer. Participants in the 403(b) plan also participate in the employer's defined contribution 401(a) plan, in which they do not hit the 415 limit.

I emailed the same question to the IRS and was told that a 415(m) excess plan can be excess to a defined contribution 403(b) plan, even where participants in the 403(b) plan also participate in the employer's defined contribution 401(a) plan in which they do not hit the 415 limit.