2005
On December 30, 2005, the IRS issued final regulations on designated Roth contributions to a 401(k) plan. [Final regulations]
On December 12, 2005, the IRS issued the 2005 Cumulative List of changes in plan qualification requirements. [view list]
On December 8, 2005, in Notice 2005-94, the IRS suspended its Section 409A reporting withholding requirements for 2005 [Notice 2005-94]
On December 2, 2005, in Notice 2005-95, the IRS provided clarified plan amendment deadlines and transitional relief [Notice 2005-95]
On December 1, 2005, the PBGC issued its final rule that now aligns mortality tables with that of the practice of private annuity insurers [Final rule]
On December 1, 2005, IRS and Treasury Department updated mortality tables to determine current liability [Rule]
On November 30, 2005, the IRS issued Notice 2005-92, providing guidance relating to the plan distribution and plan loan provisions of the Katrina Emergency Tax Relief Act of 2005. [Notice 2005-92]
On November 23, 2005, the IRS issued Rev Proc 2005-76 extending the operational compliance deadline for anti-cutback amendments. [Rev Proc 2005-76]
On November 21, 2005, the IRS issued Notice 2005-87 clarifying the grandfather rules under IRC Sec. 415 proposed regulations. [Notice 2005-87]
On September 28, 2005, EBSA extended the deadline for filing Form 5500 and Form 5500-EZ, due to Hurricane Rita in Louisiana and Texas. Also, the filing deadline announced on Sept. 20 for the areas affected by Hurricane Katrina has also been extended to Feb. 28, 2006. [Press Release]
on September 27, 2005, the IRS corrected a notice of proposed rulemaking, published in the Federal Register on Friday, August 12, 2005 (70 FR 47155), correcting the regulations relating to the anti-cutback rules of IRC Section 411(d)(6). [Fed Reg]
On September 20, 2005, EBSA announced additional time, to January 3, 2006, for the filing Form 5500 and Form 5500-EZ annual report/returns for employee benefit plans affected by Hurricane Katrina that were otherwise due August 29, 2005, to January 3, 2006. [Press Release]
On September 15, 2005, the IRS issued Announcement 2005-70 that persons with 401(k) s and similar employer-sponsored retirement plans can make loans and hardship distributions to victims of Hurricane Katrina and members of their families.[Ann. 2005-70]
On September 2, 2005, in Notice 2005-60, the IRS, EBSA and the PBGC announced their agencies are providing relief in connection with certain employee benefit plans because of damage in the Gulf Coast area caused by Hurricane Katrina. Contributions that fall within the period August 29, 2005, to October 30, 2005, can be postponed to October 31, 2005 [Notice 2005-60]
On August 30, 2005, EBSA issued a proposed rule that would require the electronic filing of the Form 5500 Annual Report in 2008 for plan years beginning on or after Jan. 1, 2007. [Prop. Rule]
On August 30, 2005, the IRS issued proposed Listing of Required Modifications (LRM) #25B, on cross-tested profit sharing plans. [cross-tested plans]
On August 26, 2005, the IRS issued Rev. Proc 2005-66 that establishes cyclical remedial amendment periods under IRC §401(b) for individually designed and pre-approved qualified plans. [Rev. Proc. 2005-66]
On August 29, 2005, Treasury and the IRS issued final rules providing clarifications on the value of life insurance contracts that are distributed from qualified retirement plans and requiring that the contracts be valued at their fair market value. [TD 9223]
On August 25, 2005, the IRS issued proposed regulations provide guidance concerning which corporation is entitled to the deduction for applicable dividends under section 404(k). These regulations also clarify that a payment in redemption of employer securities held by an ESOP is not deductible. [Fed. Reg]
On August 11, 2005, the IRS issued Sections 411(d)(6) proposed (Reg-156518-04)and final regulations (TD 9219). The final regulations contained amendments to anti-cutback provisions under IRC Section 411(d)(6) and ERISA Section 204(g). The utilization test and the interaction of the permitted forfeiture rules are addressed in a proposed regulation. [Reg. 156518-04] [TD 9219]
On June 15, 2005, the PBGC issued its final rules on Benefits from Terminating Single-Employer Plans with July 2005 Valuation Dates. [final rules]
On June 1, 2005, the GAO issued Highlights of a GAO Forum, “Future of Defined Benefit System and the Pension Benefit Guaranty Corporation,” which convened a diverse group of knowledgeable individuals who have been influential in shaping the defined benefit pensions debate over the years. Participants included government officials, researchers, accounting experts, actuaries, plan sponsor and employee group representatives, and members of the investment community. [forum highlights]
On June 3, 2005, the GAO issued its report, “Government Actions Could Improve the Timeliness and Content of Form 5500 Pension Information,” which examines: (1) information reported and how it is used, (2) factors that affect the timeliness of information and (3) issues affecting the content of the form. [report]
On May 25, 2005, the IRS issued Regulations on Section 415 Limits on Benefits and Contributions for qualified plans. [415 regs]
On May 18, 2005, the IRS issued Notice 2005-42, extending the year-end deadline for flexible spending accounts by 2½ months. [Notice 2005-42]
On May 9, 2005, the IRS issued Announcement 2005-36 set the closing of its GUST determination letter program for DC pre-approved plans scheduled for June 15, 2005; Announcement 2005-37 stated that volume submitter practitioners can amend plans for adopting employers. [2005-36] [2005-37]
On April 8, 2005, in Rev. Proc. 2005-25, the IRS provides two new safe harbors for valuing insurance and other contracts distributed through a qualified plan. [Rev. Proc. 2005-25]
Defined Contribution Listing of Required Modifications and Information Package (LRM) for sponsors of master or prototype plans, the IRS provides samples of plan provisions that have been found to satisfy certain specific requirements of the Internal Revenue Code as amended through EGTRRA. [LRM - 107 pages]
On April 6, 2005, DOL issued proposed regulations revising the Voluntary Fiduciary Correction (VFC) program [DOL] [press release]
On April 6, 2005, DOL issued corresponding changes to PTE 2002-51 regarding delinquent participant contributions [PTE 2002-51]
On March 14, 2005, PBGC issued a proposed rule on Valuation of Benefits, Mortality Assumptions which would amend its benefit valuation regulation by adopting more current mortality assumptions. [proposed rule]
On March 11, 2005, the SEC issued its final rule on mutual fund redemption fees [SEC final rule]
On March 10, 2005, the DOL issued three proposed regulations and a proposed class exemption for dealing with 'orphaned' retirement plans. [DOL issued][proposed regulations] [class exemptions]
On March 9, 2005, the PBGC released final revised 4010 regulations. The new rules will affect plan sponsors that are subject to the reporting requirements of ERISA Section 4010.[regulations]
On March 2, 2005, the IRS issued proposed regulations for Roth 401(k) plans and 403(b) plans.[proposed regulations]
On Feb. 4, 2005, the DOL published new disclosure requirements for multiemployer pension plans. For calendar year plans, the first notice will be due in September 2006 or, if later, two months after the due date of the 2005 Form 5500.[disclosure]
On February 4, 2005, the IRS issued a response to ASPPA’s letter of December 22, 2004, requesting clarification of certain language in an October 22, 2004 IRS memorandum on the subject of certain plan designs and short service employees. [letter]
On January 27, 2005, the IRS issued its Proposed Revised Regulations Concerning Disclosure of Relative Values of Optional Forms of Benefit [more info]
On January 25, 2005, the IRS issued final regulations on the Elimination of Optional Forms of Distribution in DC Plans [Section 411(d)(6)] [more info]
On January 10, 2005, the IRS issued Notice 2005-05 on Guidance on Automatic Rollover Rules for Qualified Plans [more info]
On January 5, 2005, the IRS issued Notice 2005-01 on General and Transitional Guidance relating to New IRC Section 409A [more info]