2009-2010 Priority Plan Guidance
Rev. 12/18/09; E-mail Alert 2009-20

EMPLOYEE BENEFITS

A. Retirement Benefits
1. Guidance on group trusts under Rev. Ruls. 81-100 and 2004-67.

2. Notice on cumulative list of changes in plan qualification requirements.

3. Guidance on various international tax issues related to tax-favored retirement plans.

4. Notice extending effective date of normal retirement age regulations for governmental plans. Notice 2009-86 (Released 10/28/09).

5. Guidance relating to lifetime income from DC plans.

6. Guidance relating to certain annuity distributions from DB plans.

7. Revenue ruling under §§401(a) and 401(k) on contributions of unused paid time-off to a tax qualified retirement plan during employment. Published as Rev. Rul. 2009-31 09/05/09.

8. Revenue ruling under §§401(a) and 401(k) on contributions of unused paid time-off to a tax qualified retirement plan upon termination of employment. Rev. Rul. 2009-32 09/05/09.

9. Final regulations under §401(a)(9) on RMD rules for governmental plans, as directed by the Pension Protection Act of 2006. Proposed regulations July 10, 2008. Published 09/08/09.

10. Guidance on modifications made to RMD by the WRERA. Notice 2009-82 09/24/09.

11. Notice on the definition of readily tradable securities for ESOPs.

12. Final regulations on diversification requirements under §401(a)(35), as added by the Pension Protection Act of 2006. Proposed regulations published on January 3, 2008.

13. Extension of remedial amendment period for governmental plans. Rev. Proc. 2009-36 08/12/09.

14. Announcement on the GUST pre-approved DB program.

15. Final regulations on suspension or reduction of safe harbor NEC under §401(k) and (m). Proposed regulations were published on May 18, 2009.

16. Revenue ruling relating to increases in default contributions under automatic contribution arrangements. Rev. Rul. 2009-30 09/05/09.

17. Notice under §§401(k) and 414(w) providing sample plan amendments for automatic contribution arrangements. Not. 2009-65 09/05/09.

18. Guidance on special issues relating to rollovers from employer plans to Roth IRAs.
Not. 2009-75 09/08/09.

19. Update of model 402(f) notice relating to eligible rollover distributions.
Not. 2009-68 09/05/09.

20. Guidance on §403(b) plan terminations.

21. Revenue procedure on §403(b) prototype program.

22. and 23 Notice under §408(p) on the use of automatic contribution arrangements in SIMPLE IRA plans. Not. 2009-66 and 67 09/05/09.

24. Final regulations on hybrid plans under §§411(a)(13) and 411(b)(5), as added by the PPA of 2006. Proposed regulations published December 28, 2007.

25. Proposed regulations addressing additional issues on hybrid plans under §§411(a)(13) and 411(b)(5), as added by the PPA of 2006.

26. Guidance on retroactive plan amendments under the Pension Protection Act of 2006.ANN. 2009-82 RELEASED 11/10/09.

27. Guidance on governmental plan status under §414(d).

28. Guidance on procedures for ruling requests under §414(e) for church plans.

29. Notice on certain retirement plan provisions of the HEART of 2008.

30. and 31 Notice requesting comments and guidance on DB(k) eligible combined plans under §414(x), as added by the Pension Protection Act of 2006.
Not. 2009-71 08/12/09.

32. Final regulations on the measurement of assets and liabilities under §430, as added by the PPA. Proposed regulations were published on December 31, 2007. Published 10/15/09 in FR as TD 9467.

33. Final regulations on the determination of the minimum required contributions under §430, as added by the PPA. Proposed regulations were published on April 15, 2008.

34. Update of revenue procedure on multiemployer plan amortization extension requests.

35. Proposed regulations under §432 and related excise taxes under §4971(g), as added by the PPA.

36. Revenue procedure on revocation of a multiemployer plan election to freeze funded status under section 204 of the WRERA. Rev. Proc. 2009-43 09/09/09.

37. Final regulations on funding-based benefit limits under §436, as added by the PPA. Proposed regulations published on August 31, 2007. Published 10/15/09 in FR as TD 9467.

38. Guidance under section 101(j) of the Employee Retirement Income Security Act of 1974 (ERISA) regarding notice requirements applicable to single-employer plans that become subject to funding-based benefit limitations as added by the PPA.

39. Guidance on distributions from §457(b) plans for unforeseeable emergencies.

40. Final regulations under §4980F with respect to retroactive effective dates. Proposed regulations were published on March 21, 2008.

41. Proposed regulations on certain reporting requirements for qualified plans.

42. Proposed regulations governing the performance of actuarial services under ERISA.
Published 09/21/09 in FR as NPRM REG-159704-03.

B. Executive Compensation, Health Care and Other Benefits, and Employment Taxes

1. Notice under §51 regarding definition of “disconnected youth” for purposes of the Work Opportunity Tax Credit. Not. 2009-69 08/12/09.

2. Proposed regulations under §83 to incorporate the holding in Rev. Rul. 2005-48.

3. Guidance on applying §105(h) nondiscrimination rules to self-insured retiree medical plans.

4. Final regulations on cafeteria plans under §125. Proposed regulations were published on August 6, 2007.

5. Notice on a sample cafeteria plan under §125.

6. Proposed regulations under Treas. Reg. §1.125-4 on change in status.

7. Revenue ruling on the applicability of §162(l) to COBRA premiums.

8. Proposed regulations under §162(m) on the transition relief under Treas. Reg. §1.162-27(f)(1).

9. Final regulations under §274(i) on qualified non-personal use vehicles. Proposed regulations were published on June 9, 2008.

10. Final regulations on income inclusion under §409A. Proposed regulations were published on December 8, 2008.

11. Guidance on §409A correction program.

12. Guidance on the application of §409A(b).

13. Guidance under §419A.

14. Final regulations under §423 regarding employee stock purchase plans. Proposed regulations were published July 29, 2008. Published 11/17/09 in FR as TD 9471.

15. Guidance under §457(f) on ineligible plans.

16. Guidance under §457A.

17. Guidance on the employee retention credit under §1400R.

18. Update to guidance on tips under Rev. Rul. 95-7.

19. Regulations implementing new §3121(z), as added by the HEART, on foreign employers.

20. Guidance under sections 3127, 3121(b)(3)(A) and 3306(c)(5) making certain FICA exemptions available for disregarded entities.

21. Guidance under §3504 on reporting FUTA taxes for home care recipients.

22. Regulations under §3504 designating certain parties who file employment tax returns under their EINS for their clients’ workers as agents of the clients.

23. Guidance under §4980B regarding calculation of the applicable premium for COBRA continuation coverage.

24. Final regulations on Health Opportunity Patient Empowerment Act of 2006 changes to §4980G with respect to comparable employer contributions to employees’ HSAs. Proposed regulations July 16, 2008. Published 09/08/09 in FR as TD 9457.

25. Proposed regulations under §4980G on interaction of §4980G and §125 with respect to comparable employer contributions to employees’ HSAs.

26. Final regulations under §6039 on information reporting on stock transfers. Proposed regulations July 17, 2008. Published 11/17/09 in FR as TD 9470.

27. Revenue procedure extending the deadline for participation in the Attributed Tip Income Program (ATIP).

28. Guidance under §§6205, 6402, 6413, and 6414 on making employment tax adjustments and refund claims.

29. Temporary regulations implementing Genetic Information Nondiscrimination Act of 2008. Published 10/07/09 in FR as TEMP 9464.

30. Regulations under §9812 of the Code, as amended by the Mental Health Parity and Addiction Equity Act of 2008.