Logo
     
   

Pension Protection Act (PPA)
Status of Defined Contribution Provisions Two Years After PPA
Rev. 08/03/07, E-mail Alert 2007-10, Rev. 10/31/08; E-mail Alert 2008-14

Updates and Pending Guidance in Brown

Notes about the list:

  • The dates below are generally not for collectively bargained nor for governmental plans (those plans usually have two additional years beyond what is listed below).
  • For IRAs, the effective date is for taxable years rather than plan years.
PROVISIONS EFFECTIVE RETROACTIVELY
PPA
Section 827
  • DB Issue: Cash balance and hybrid plans — after 6-29-05
Section 701
PROVISIONS EFFECTIVE on ENACTMENT DATE: AUG. 17, 2006
Section 811, 812
  • PBGC Missing Participant Program for Defined Contribution Plans Awaiting PBGC guidance
Section 410
  • Hardship withdrawal for beneficiary
    This was addressed in Notice 2007-7
Section 826
  • State withholding laws preempted, permitting automatic enrollment in all states
Section 902
  • States prohibited from reducing unemployment benefit for individual who rolls over retirement plan distribution
Section 1105
  • Deduction rules for combination of defined benefit and defined contribution changed for contributions for taxable years after 12-31-05
  • Notice 2007-28 See Article
Section 803
  • Increase in penalties for coercive interference with the exercise of ERISA rights. Now $100,000 and/or 10 years imprisonment (was $10,000 and/or one year)
Section 623
  • Tax-free distributions from IRAs for charitable purposes (for 2006 and 2007 only) This was addressed in Notice 2007-7
    NOTE: Charitable Donations from IRAs ends after 12-31-07
  • Extended by EESA until 12-31-09
Section 1201
PROVISIONS EFFECTIVE FOR PLAN YEARS BEGINNING ON OR AFTER JANUARY 1, 2007
Section 904
  • Statement requirements Good faith guidance addressed in FAB 2006-3
  • And FAB 2007-3 Article
    Awaiting guidance and model benefit statements
Section 508
  • Nonspouse inherited rollover, for distributions occurring after 12-31-06
    This was addressed in Notice 2007-7 Beneficiary Web Page
Section 829
  • Default Investment Arrangement for Participants Who Fail to Exercise Investment Election PPA Webpage
Section 624
  • Prohibited Transaction Exemption for Investment Advice
    This was addressed in FAB 2007-1
    Awaiting guidance on computer models
Section 601
Section 901; 507
  • Tax refund may be sent to an IRA
Section 830
  • Additional IRA contribution in certain bankruptcy cases (from 1-1-07 to 12-31-09)
Section 831
  • Indexing Saver's Credit and deductible IRAs and Roth IRAs
Section 833
  • Rollover/402(f) Notice change from 30 to 90 day range to a 30 to 180 day period
    This was addressed in Notice 2007-7
    Awaiting IRS Model 402(f) Notice
Section 1102
  • Rollover of after-tax amounts in annuity contracts
Section 822
  • Form 5500 simpler requirements for employers with less than 25 employees. Form 5500-EZ threshold from $100,000 to $250,000
    Small Plan Form 5500 under development
Section 1103
PROVISIONS EFFECTIVE FOR PLAN YEARS BEGINNING ON OR AFTER JANUARY 1, 2008
Section 902
  • Excess contributions refunded in six months Article
Section 902
  • No gap period income for ADP and ACP Corrections (for all plans not just auto enroll) GAP still applies to excess deferrals
  • 90 days to "revoke" first automatic enrollment deferrals
    Pending IRS guidance and possible model amendment for QACA
Section 902
Section 824
  • Funding Notice for single employer defined benefit plans
Section 501
  • Electronic display of Form 5500
    Deferred to Plan Year 2009
Section 504
  • Bonding increase for plans that hold employer securities, $500,000 to $1,000,000
Section 622
Section 1004
PROVISIONS EFFECTIVE FOR PLAN YEARS BEGINNING ON OR AFTER JANUARY 1, 2009
  • PPA Plan Amendments
Section 1107
PROVISIONS EFFECTIVE FOR PLAN YEARS BEGINNING ON OR AFTER JANUARY 1, 2010
  • DB(k) plan
Section 903

 


Resources:
Pension Protection Act
Joint Committee Report
President Bush Signs the Pension Protection Act into Law


Bill Grossman, QPA

 

 

To learn more, call 973-492-1880 or e-mail info@mhco.com.

© 2012, McKay Hochman Co., Inc. All rights reserved.