Retirement Plan Amendments

[Guidance Overview] IRS Guidance and VCP Kit for Sponsors of Pre-Approved Plans That Missed the April 30 Deadline to Adopt EGTRRA Restatements
Excerpt:"Although the streamlined, lower-fee procedure for nonamender failures is included in Revenue Procedure 2008-50, the VCP Submission Kit released with this guidance will be a useful tool, especially for employers that want to prepare the VCP submission in-house."(Employee Benefits Institute of America)

[Guidance Overview] Upcoming Compliance Deadlines for Qualified Retirement Plans
The newsletter also includes a brief description of certain plan amendments that plan sponsors might be required, or might wish, to make before the end of the 2010 plan year. (The Segal Group, Inc.)

[Guidance Overview] IRS Guidance for Employers Sponsoring Pre-Approved DC Plans That Missed EGTRRA Plan Document Deadlines
Excerpt:"The IRS explained that employers that adopt a restated plan document after April 30, 2010 may submit an application under the Voluntary Correction Program . . ., a component of the Employee Plans Compliance Resolution System . . . ."(Wolters Kluwer)

[Official Guidance] Text of the IRS Employee Plans News, August 20, 2010 Edition (PDF)
4 pages. This edition covers two issues: 1). Post April 30, 2010, Issues Impacting Adopting Employers Who Use IRS Pre-Approved Plan Documents: Information for employers who failed to adopt an approved EGTRRA restated plan document (with links to the Voluntary Correction Program Submission Kit to resolve the failure) or failed to submit a determination letter application for their EGTRRA restated plan by April 30, 2010. 2). Tax Return Preparers: IRS announces new tax return preparer application system and user fee, and releases proposed regulations to amend Circular 230 rules."(U.S. Internal Revenue Service)

[Official Guidance] Special Voluntary Correction Program Kit for Employers Who Did Not Amend Their Plan on Time (PDF)
18 pages. The kit is for plan sponsors who missed the April 30, 2010, EGTRRA restatement deadline. (U.S. Internal Revenue Service)

[Official Guidance] Post April 30, 2010, Issues Impacting Adopting Employers Who Use IRS Pre-Approved Plan Documents
Excerpt:"This article is separated into two parts. Part I discusses the actions that need to be taken if an EGTRRA pre-approved DC restated plan document was not timely adopted by April 30, 2010. Part II addresses determination letter processing issues that apply to Form 5307/5300 determination letter applications made after April 30, 2010, in regard to pre-approved DC plans."(U.S. Internal Revenue Service)

[Opinion] Read This If Considering Moving to a Prototype Plan
Excerpt:"When prototype plans are used with proper legal oversight, they may be adequate for simple plans. But, often they are unable to accommodate more complex plans because legal limits apply to the changes that can be made to them. These documents also present increased compliance risks that don't arise with documents drafted by a plan's attorney, such as volume submitter or individually-designed retirement plans."(Warner Norcross&Judd LLP)

[Guidance Overview] Options for Obtaining a Determination Letter for Your Prototype Plan
Excerpt:"Sponsors of prototype plans had their profit sharing and 401(k) plan documents approved by the IRS and received Opinion Letters from the IRS on or before April 30, 2008. Employers can rely upon the Opinion Letters and do not need to obtain individual determination letters."(Employee Benefit News; free registration required)

Handout for the Plan Correction Issues Presentation on August 24, 2010 (PDF)
31 pages. Excerpt:"Avaneesh Bhagat, Employee Plans Voluntary Compliance Program Coordinator, will conduct the Employee Plans Compliance Resolution System . . . Phone Forum. Avaneesh will discuss recurring issues found in ECPRS. Attendees are encouraged to submit questions in advance at ep.phoneforum@irs.gov. Also, it is anticipated that there will be time for live questions."(U.S. Internal Revenue Service)

[Guidance Overview] IRS Update of Model Language for Traditional, Roth, and SIMPLE IRAs (PDF)
Excerpt:"The newly revised [Listings of Required Modifications] include a number of substantive additions meant to incorporate applicable provisions of the Worker, Retiree, and Employer Recovery Act of 2008 and the Heroes Earnings Assistance and Relief Tax Act of 2008."(Sutherland Asbill&Brennan LLP)

[Guidance Overview] Employee Plans Subcommittee of IRS???s Advisory Committee on Tax Exempt and Government Entities Publishes History of Determination Letter Process
Excerpt:"The report also contained recommendations for streamlining the determination letter process, improving customer service, and a review of the fee structure for certain nonamender failures that are corrected using the Voluntary Correction Program provisions provided under ECPRS."(McKay Hochman Co.)

[Guidance Overview] Disaster Area Restatement Extension
Excerpt:"Due to damage caused by the federally declared disasters, Plan Sponsors that maintain M&P (master and prototype) or VS (volume submitter) defined contribution plans may have missed the April 30, 2010, deadline to adopt an . . . EGTRRA-approved M&P or VS defined contribution plan and/or to submit, if applicable, a determination letter application to the [IRS]."(McKay Hochman Co.)

[Official Guidance] Listing of IRS Published Guidance for January-May 2010
The target page links to guidance published by the Service relating to retirement plans: Treasury Regulations; Revenue Rulings; Revenue Procedures; Notices; and, Announcements (U.S. Internal Revenue Service)

IRS Provides Relief to Storm-Affected Sponsors of Defined Contribution Plans
Excerpt:"Notice 2010-48 administratively extends to July 30, 2010, the April 30 deadline for restating affected pre-approved defined contribution plans and, if applicable, for submitting determination letters to the IRS, to July 30, 2010. The section 401(b) remedial amendment period for these retirement plans is also extended to July 30."(PLANSPONSOR.com)

[Official Guidance] Text of IRS Notice 2010-48: April 30 Deadline for DB Plan Restatements Extended for Sponsors in Eight States
Excerpt:"[For plan sponsors who] were affected by the storms and other severe weather in those counties in Alabama, Connecticut, Massachusetts, Mississippi, New Jersey, Rhode Island, Tennessee and West Virginia declared Presidential Disaster Areas during the period from March 1 through May 31, 2010[,] Notice 2010-48 administratively extends to July 30, 2010, the April 30 deadline for restating affected pre-approved defined contribution plans and, if applicable, for submitting determination letters to the IRS, to July 30, 2010. The section 401(b) remedial amendment period for these retirement plans is also extended to July 30."(Internal Revenue Service)

[Opinion] SPARK Institute Comment Letter to IRS Re: 401(k) Compliance Check Project (PDF)
4 pages. Excerpt:"Our issues and concerns are summarized . . . under two categories (1) Resources Demands and Timing and (2) Plan Compliance Implications and Consequences."(The SPARK Institute)

The 401(k) Plan Compliance Check
Excerpt:"Observation: We anticipate that the IRS will use the compliance questionnaire to develop a more focused examination program in the future. To better position themselves for enhanced audit activity, companies whose 401(k) plans have not been selected to complete the compliance questionnaire may want to perform their own compliance check, perhaps using the questionnaire as a guide, and correct any identified errors through the IRS voluntary correction programs."(PricewaterhouseCoopers LLP)

Are You Ready for the IRS 401(k) Compliance Check Questionnaire?
Excerpt:"Although this Project is not an IRS audit or investigation, failure to respond or provide complete information will result in IRS enforcement action, which may include an examination of the 401(k) plan. Plan sponsors that must complete the Questionnaire should develop a comprehensive review process with legal counsel and third-party administrators."(Pillsbury Winthrop Shaw Pittman LLP)

[Guidance Overview] Required 2010 Tax-Qualified Plan Amendments and January 2011 IRS Determination Letter Filing Deadline (PDF)
3 pages. Excerpt:"Plan sponsors should review their tax-qualified plans annually to ensure that all necessary amendments are adopted on a timely basis. This can be challenging because the timing rules for plan amendments have become quite complex due to the interplay between the rules sometimes contained in new laws and the rules imposed by the Internal Revenue Service. It is important to meet these rules as IRS determination letter reviewers thoroughly review plan amendments . . . ."(Groom Law Group)

1,200 Sponsors of 401(k) Plans Will Receive Compliance Questionnaires from the IRS
Excerpt:"For those fortunate employers that do not receive a questionnaire package, this is an opportunity to use the questionnaire to review their 401(k) plans and to determine their level of compliance with the issues that the IRS deems to be important. The agency invariably will issue interim and/or final reports summarizing the responses to the questionnaire, and sponsors will be able to compare those findings to their own plans."(McGuireWoods LLP)

[Guidance Overview] A Quick Review of Plan Amendments Required in 2010 (PDF)
Excerpt:"As we approach the midway point of 2010, plan sponsors should be aware of amendments that may be required to be made by the end of the year under the Pension Protection Act of 2006 (PPA), the Heroes Earnings Assistance and Relief Tax Act of 2008 (HEART Act), the Worker, Retiree, and Employer Recovery Act of 2008 (WRERA), and the Patient Protection and Affordable Care Act (PPACA)."(Sutherland Asbill&Brennan LLP)

IRS 401(k) Compliance Questionnaires Issued to Selected Plan Sponsors (PDF)
Excerpt:"The IRS intends to use the information gathered from the compliance questionnaires to gauge plan compliance and to gain a better understanding of how to address any noncompliance trends. The IRS selected the plans that will receive the questionnaire randomly, based on IRS Form 5500 and census data. We understand that plan sponsors that are currently under audit have been excluded from the process."(Morgan, Lewis&Bockius LLP)

[Official Guidance] Text of Spring 2010 Edition of IRS'Retirement News for Employers'(PDF)
14 pages. Excerpt:"The edition contains the following articles: . . . Upcoming 5500 Filing Deadline . . . Fixing Common Plan Mistakes: Improper Forfeiture Suspense Accounts . . . IRS Employee Plans Videos -- Helping Small Business Owners and Employees . . . New Profit Sharing Publication . . . Who Can Represent a Plan Sponsor During an Employee Plans Examination? . . . IRS Summer Phone Forums . . . Employee Plans Published Guidance . . . ."(Internal Revenue Service)

[Guidance Overview] IRS Provides Guidance on Miscellaneous HEART Act Changes (PDF)
4 pages. Excerpt:"On February 8, 2010, the IRS published Notice 2010-15 to provide guidance on certain retirement plan-related provisions of the HEART Act. This guidance addresses: Survivor and disability benefit requirements; The treatment of differential pay for plan purposes; Special plan distribution provisions applicable to individuals who are performing qualified military service; and Plan amendment requirements."(Prudential Pension Analyst)

[Guidance Overview] Military Relief Under the HEART Act:: Year-End Plan Amendments Needed
Excerpt:"[IRS] Notice 2010-15 provides much-needed guidance on the proper interpretations of the key pension provisions, in question-and-answer format. Importantly, it clarified that plan amendments are needed by the end of the 2010 Plan Year (2012 Plan Year for governmental plans), but no sample amendments are included in the guidance."(Groom Law Group)

[Opinion] American Benefits Council Letter to IRS Regarding Enhancements to EPCRS (PDF)
Excerpt:"The Council strongly supports the Employee Plans Compliance Resolution System ('EPCRS'). EPCRS has been a tremendous success. It recognizes that the benefit plan rules are complicated and that occasional compliance failures are inevitable. EPCRS encourages employers to timelyidentify errors and provides methods of correction at a reasonable cost. . . . It is important that EPCRS evolves just as retirement plans evolve. To this end, we are writing to suggest further improvements to the program."(American Benefits Council)

IRS to Issue Opinion and Advisory Letters for Pre-Approved DB Plans Restated for EGTRRA and Other Changes
Excerpt:"The IRS has announced that it will soon issue opinion and advisory letters for pre-approved (i.e., master and prototype (M&P) and volume submitter (VS)) defined benefit plans that were restated for the Economic Growth and Tax Relief Reconciliation Act (EGTRRA; P.L. 107-16) and other changes in plan qualification requirements listed in Notice 2007-3 ('the 2006 Cumulative List') and that were filed with the IRS."(Wolters Kluwer)

[Guidance Overview] April 30 Deadline Approaches for Restatement of IRS Pre-Approved Plans
Excerpt:"The IRS requires that employers using pre-approved defined contribution plans adopt restated plan terms by April 30, 2010. The restated terms must comply with various requirements enacted under the Economic Growth and Tax Relief Reconciliation Act of 2001 and other plan qualification requirements found in the IRS's 2004 Cumulative List of Changes in Plan Qualification Requirements (the 2004 Cumulative List), published in Notice 2004-84. Vendors sponsoring such pre-approved plans (Plan Sponsors) generally should have sent the required restatement documents to all adopting employers by this time."(McGuireWoods LLP)

[Guidance Overview] IRS Tips to Help Speed Processing of Form 5307 Applications
Excerpt:"The deadline to submit determination letter applications for employers who adopted an EGTRRA-approved defined contribution Master or Prototype (M&P) or Volume Submitter (VS) plan is April 30, 2010. Adopting employers must use Form 5307 (Application for Determination for Adopters of Master or Prototype or Volume Submitter Plans (Rev. March 2008))."(Wolters Kluwer)

[Official Guidance] Text of IRS Announcement 2010-20: DB Opinion Letters Forthcoming for DB EGTRRA Restatements; Determination Letter Program Opening (PDF)
2 pages. Excerpt:"The Service will soon issue opinion and advisory letters for pre-approved (i.e., master and prototype (M&P) and volume submitter (VS)) defined benefit plans that were restated for [EGTRRA] and . . . the 2006 Cumulative List . . . and that were filed with the Service. The Service expects to issue the letters on March 31, 2010, or, in some cases, as soon as possible thereafter. . . . Adopting employers may apply for individual determination letters with respect to an EGTRRA-approved M&P or VS defined benefit plan beginning May 1, 2010."(Internal Revenue Service)

[Guidance Overview] Common Mistakes for EGTRRA Restatements
Excerpt:"[E]mployers should avoid the following common mistakes when adopting their EGTRRA Restatements: Wrong Plan Provisions. . . . Not Following Plan Procedures for Restatements. . . . Distribution of Incorrect Summary Plan Descriptions. . . ."(McKenna Long&Aldridge LLP)

[Official Guidance] Text of IRS'Employee Plans News'-- Spring 2010 Edition (PDF)
14 pages. Articles include'DOs and DON'Ts for Form 5307 Applications','What Can and Can't Be Rolled Over to a Roth IRA','The Taxable Portion of Your Rollover to a Roth IRA','Distribute Excess Deferrals','Fix-It Guides -- Common Problems, Real Solutions!', Future Requirements for Tax Return Preparers','Multiemployer Funding Issues'and'Calendar of EP Benefits Conferences."(Internal Revenue Service)

[Guidance Overview] What Happens If a Defined Contribution Preapproved Plan Misses the April 30, 2010 Deadline to Restate?
Excerpt:"The IRS's Employee Plans Compliance Resolution System (EPCRS) Rev. Proc. 2008-50 contains the appropriate correction method for remedying a non-amender failure. Plan sponsors can voluntarily correct these failures under the Voluntary Fiduciary Correction Program (VCP). Such corrections will require a VCP filing."(McKay Hochman Co.)

Employers to Begin Receiving 401(k) Compliance Questionnaires from IRS (PDF)
1 page. Excerpt:"Beginning this month, we believe the IRS will launch a new compliance initiative focusing on 401(k) plans. The IRS is expectedto select several thousand employers at random to receive detailed questionnaires. The questionnaires are intended to help the IRS assess (1) compliance with the statutory and regulatory rules governing 401(k) plans, (2) potential failures to follow a plan's written terms, (3) whether payroll systems and other internal controls are appropriate, and (4) other topics related to the operation of 401(k) plans."(Seyfarth Shaw LLP)

[Guidance Overview] PPA Requires Funding Improvement or Rehabilitation Plan
Excerpt:"The final regulations set forth the administrative procedures for assessing and contesting the penalties under ERISA ?502(c)(8). The final rules generally explain how the maximum penalty amounts are computed, identify the circumstances under which a penalty may be assessed, set out the procedural rules for service by the Labor Department and filing by a plan sponsor, and provide sponsors with the procedures for contesting an assessment by requesting an administrative hearing."(Wolters Kluwer)

The IRS 2010 Guidance Plan: A Look at What's Coming
Excerpt:"Each year the IRS issues a list of its top-priority guidance initiatives for the year, called the guidance plan. The long-awaited list of items was issued in late 2009, and sets forth the plan for issuing much-needed guidance for the July 2009?June 2010 year. . . . A look at a number of provisions from the guidance plan that remain to be addressed, based on the type of plan, will give us an idea of what is in store for the coming year."(Groom Law Group)

[Opinion] ASPPA Comments on IRS Revenue Procedure for Determination Letters and Remedial Amendments
Excerpt:"On March 4, 2010, ASPPA filed comments with the IRS providing recommendations on the how the procedures for determination letters, plan remedial amendments and other matters covered by Revenue Procedure 2007-44 could be improved. The letter was filed in anticipation of the issuance of an updated revenue procedure in this area."(American Society of Pension Professionals and Actuaries (ASPPA))

[Guidance Overview] April 30, 2010, Deadline for Employers to Adopt Restated Prototype Plan Documents (PDF)
4 pages. Excerpt:"April 30, 2010, is the deadline for employers with pre-approved defined contribution Master&Prototype plans or Volume Submitter plans . . . to adopt an EGTRRA-approved plan document. Failure to meet this deadline will result in significant adverse tax consequences to the retirement plan and to the plan's participants."(Alston&Bird)

[Official Guidance] DOL Creates New Web Page Covering 403(b) Plan Reporting and Coverage Issues
Collects relevant Field Assistance Bulletins, DOL publications, links to DOL's voluntary corrections program and more. No original content, but the links are handy. (U.S. Employee Benefits Security Administration)

[Guidance Overview] Deadline Approaching for EGTRRA Restatement and IRS Determination Letter Filings for Prototype and Volume Submitter Plans
Excerpt:"The deadline for restating plans for EGTRRA and requesting a determination letter on such restatements is April 30, 2010. Employers who have not been contacted by their document providers to prepare a restatement of a prototype or volume submitter defined contribution plan should immediately contact the provider to have the plan restated for EGTRRA."(Perkins Coie LLP)

IRS to Mail 401(k) Compliance Questionnaires
Excerpt:"New York accounting firm Eisner LLP has issued a warning that the Internal Revenue Service (IRS) will begin sending questionnaires to 401(k) sponsors to gather information about their level of compliance with applicable tax rules."(PLANSPONSOR)

[Guidance Overview] Summary of Amendments and Due Dates for Defined Contribution Plans, Including 457(b) and 403(b) Plans (PDF)
6 pages. Laws covered include EGTRRA, the final 401(k) and (m) regulations, 403(b) final regulations, PPA, HEART Act, WRERA, 415 final regulations, regulations on definition of normal retirement age, and the Heinz decision/section 1.411(d)-3 vesting regulations. (ftwilliam.com)

[Official Guidance] IRS'Employee Plans News'Special Edition, January 2010 (PDF)
2 pages. Contains several brief articles, including'Cycle D Submission Period Ends on February 1, 2010,''New Address for Determination Letter Applications','April 30 Deadline for DC Pre-Approved Plans,'and'Free Phone Forum on Funding-Based Benefit Restrictions -- January 26, 2010."(Internal Revenue Service)

[Guidance Overview] IRS's Final Regulations on 204(h) Notices (PDF)
3 pages. Excerpt:"The IRS recently issued final regulations on the notice requirements for amendments that would significantly reduce the future rate of benefit accruals in a qualified pension plan. The regulations clarify when notices are required in light of changes made by the Pension Protection Act of 2006 (PPA), provide rules on timing for retroactive amendments, and coordinate the requirements for these notices with other statutory notice requirements."(Buck Consultants)

[Guidance Overview] Final IRS Rules for ERISA Section 204(h) Notices (PDF)
2 pages. Excerpt:"The Pension Protection Act of 2006 (PPA) made changes to the 204(h) notice requirements. Recently, the IRS issued final regulations reflecting these PPA changes. The final regulations also provide guidance regarding the timing of 204(h) notices for plan amendments that have retroactive effective dates."(Prudential Retirement)

Minimum Funding Rules As Explored at Actuarial Meeting (PDF)
Pages 6-7 of 8 pages. Excerpt:"At the 2009 Enrolled Actuaries Meeting, Chet Andrzejewski and Jess McGrath led a session that addressed a number of these issues, including contribution timing, credit balances, quarterly contributions, liquidity shortfall calculations, penalties for failing to making contributions, and small plan rules."(American Academy of Actuaries)

[Guidance Overview] IRS List of Qualification Requirements for Retirement Plans
Excerpt:"In Notice 2009-98, the Internal Revenue Service sets forth the 2009 Cumulative List of Changes in Plan Qualification Requirements described in Sec. 4 of Rev. Proc. 2007-44, C.B. 2007-2, 54. The 2009 Cumulative List is to be used primarily by sponsors of individually designed retirement plans that are in Cycle E."(Wolters Kluwer)

[Guidance Overview] IRS Extension of Plan Amendment Deadline for Certain Provisions of the Pension Protection Act
Excerpt:"It is important to note that the relief described in this Alert only extends the deadline for adopting amendments to reflect the PPA provisions listed below. The dates as of which a plan must be operated in compliance with these rules have not been extended, and the amendment deadline has not been extended for any other amendments required under the PPA."(Drinker Biddle&Reath LLP)

[Guidance Overview] Cycle E Cumulative List
Excerpt:"The 2009 List of Cumulative Changes for Cycle E plans has been issued as IRS Notice 2009-98. Cycle E is for individually designed plans whose EIN ends with a 5 or a 0. Cycle E starts February 1, 2010 and ends January 31, 2011."(McKay Hochman Co.)

[Guidance Overview] IRS's 2009 Cumulative List of Changes for Cycle E Plans and Extension of Diversification Amendment Deadline
Excerpt:"EBIA Comment: All sponsors of Cycle E plans (and other plans filing in Cycle E) and their advisors should carefully review the 2009 Cumulative List to ensure that their submissions address the issues the IRS has specifically identified for review in the determination letter process. Of course, to be qualified, plans must comply with all relevant qualification requirements, even those that are not on the list."(Employee Benefits Institute of America)

[Guidance Overview] Year-End IRS Guidance: Limited PPA Amendment Relief, ? 403(b) Opinion/Determination Letters, 2009 Cumulative List and ? 409A/TARP Relief (PDF)
3 pages. Excerpt:"Among the requirements for [409A Relief for Payments Under TARP] under the Notice is that the Special Master's advisory opinion specifically address the relevant compensation arrangement, including changes to the time and form of payment or any payment condition imposed on the TARP recipient that is related to the receipt or repayment of TARP funds. In addition, the TARP recipient must enter into a written agreement adopting the advisory opinion within a certain time period."(Sutherland Asbill&Brennan LLP)

[Guidance Overview] IRS Extension of Deadline for Some PPA Amendments
Excerpt:"The notice does not extend the deadline for all PPA and WRERA amendments, however. The extension applies to only the amendments discussed . . . . This extension gives employers the option of going forward with year-end amendments addressing the changes above, or waiting for further IRS guidance before amending their plans. Note that compliance with these provisions is still required even though the amendment deadline has been extended."(Seyfarth Shaw LLP)

[Guidance Overview] IRS Extension of Deadline for Adopting Certain PPA Amendments
Excerpt:"Please note that Notice 2009-97 does not provide a blanket extension of the PPA-required amendments. For example, it does not extend the deadline for amendments to comply with the following requirements . . . ."(PricewaterhouseCoopers LLP)

[Guidance Overview] Year-End Compliance Issues for Retirement Plan Sponsors (PDF)
2 pages. (Milliman)

[Guidance Overview] Procedures for 403(b) Plan Qualification Will Be in IRS Future Guidance (PDF)
2 pages. Excerpt:"An employer that first establishes a 403(b) plan on or after January 1, 2010 will also have reliance retroactive to the plan's effective date that its plan complies with Section 403(b) and the regulations if the employer adopts a pre-approved plan with a favorable opinion letter or submits its individual plan to the IRS for a determination letter and retroactively corrects any defects."(Buck Consultants)

[Guidance Overview] Bringing Higher Education 403(b) Plans Up-to-Date with Current ERISA Fiduciary Best Practices
Excerpt:"The white paper, released by Diversified Investment Advisors, Inc., was developed to help higher education plan sponsors understand when and how ERISA applies to 403(b) plans, as well as provide best practice recommendations for complying with fiduciary requirements. Diversified partnered with Groom Law Group to prepare the paper in light of the urgency surrounding compliance with the final 403(b) regulations and the pressing concern regarding the application of proper fiduciary practices."(Groom Law Group)

[Guidance Overview] Misinterpreting the IRS'New PPA Amendment Deadline Could be Costly
Excerpt:"A careful reading of Notice 2009-97 indicates that the extension is available only for amendments that: Comply with the funding-based benefit limitations that apply to defined benefit plans. Apply certain of the new rules to cash balance and other hybrid plans. Implement the diversification requirements for 401(k) and other defined contribution plans that invest in employer stock."(Osler, Hoskin&Harcourt LLP)

IRS 2009 Cumulative List of Changes in Plan Qualification Requirements
Excerpt:"In Notice 2009-98, the IRS says that it will not consider, when reviewing submissions made for Cycle E, any: -- guidance issued after October 1, 2009; -- statutes enacted after October 1, 2009; -- qualification requirements first effective in 2011 or later; or -- statutory provisions that are first effective in 2010, for which there is no guidance identified in the notice. Terminating plans must include all law changes in effect at the time of termination."(ERISA Lawyer Blog)

[Guidance Overview] IRS's Initial Remedial Amendment Period Guidance for 403(b) Plans
Excerpt:"Signaling what will be coming down the pike soon for 403(b) plans, the IRS has issued Announcement 2009-89 to provide some information in advance of the anticipated 403(b)'pre-approved'or prototype program, which it says will be out'in a few months', and will be followed by an individual determination letter program."(Groom Law Group)

[Guidance Overview] No Extension of PPA Amendment Deadline
Excerpt:"Contrary to rumors currently circulating, IRS Notice 2009-97 (issued on Friday, 12/11/09) DOES NOT provide for a general extension of the deadline to adopt a good-faith PPA amendment. The amendment only delays the deadline (to the last day of the 2010 plan year) for 3 specific PPA provisions . . . ."(SunGard Relius)