Retirement News for Employers – Summer 2010 Edition 

The Retirement News for Employers is a periodic newsletter with retirement plan information for 

employers and business owners – and their tax advisors from Employee Plans (Tax Exempt and 

Government Entities (TE/GE) at the IRS). 

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. Pension Funding Relief

New relief for single-employer and multiemployer plans from certain minimum funding 

requirements and benefit restrictions under the Preservation of Access to Care for Medicare 

Beneficiaries and Pension Relief Act of 2010. 

3. What is an Actuary?

Learn about different types of actuaries: pension, enrolled and IRS' s policy and field actuaries. 

4. We’re Glad You Asked!

Q&As on employer matching contributions to SIMPLE IRA plans. 

5. Form 5500 Schedules Update: 

o Schedule SSA (Form 5500) has been eliminated beginning with returns for the 2009 plan 

year and has been replaced with Form 8955-SSA. The IRS will announce a special due 

date, expected to occur in 2011, for the 2009 Form 8955-SSA. See the Form 5500 

Corner for more information. 

o The final 2010 Schedule SB and Schedule MB with Instructions are now available and 

can be used for filing. 

6. Revised Publications 

Available at irs.gov/ep by clicking on “Forms/Pubs/Products” or by calling 800-TAX-FORM (800-

829-3676): 

o Publication 4483, 403(b) Tax-Sheltered Annuity for Sponsors

o Publication 4336, SARSEP for Small Businesses

7. Phone Forums

Earn CPE credits by attending EP’s free phone forums covering a variety of retirement plan 

topics. Register for upcoming forums and find information on prior forums on our Phone Forum 

Web page. 

8. Recurring Columns

o DOL News

o Desk Side Chat...With Monika Templeman

o EP Recent Published Guidance

o Mark Your Calendar

o Timing is Everything
Post April 30, 2010, Issues Impacting Adopting Employers Who Use IRS PreApproved Plan Documents

April 30, 2010, was the last day of the two-year period for adopting employers of EGTRRA pre-approved 

defined contribution (DC) plans to adopt an approved restated document and file for a determination letter 

application, as described in Announcement 2008-23. Since then, the IRS has received numerous 

inquiries from adopting employers who failed to file a determination letter application with respect to a DC 

pre-approved plan by April 30, 2010, but would now like to do so. The inquiries relate to the following 

separate situations: 

• The adopting employer failed to adopt the approved EGTRRA restated plan document by April 

30, 2010; or 

• The adopting employer timely adopted an approved EGTRRA restated plan document by April 

30, 2010, but failed to submit a determination letter application for the plan to the IRS by April 30, 

2010. 

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. 

Part I - Adopting Employer Adopts EGTRRA Pre-Approved DC Plan Document After April 

30, 2010

In general, under the six-year remedial amendment cycle rules described in Revenue Procedure 2007-44, 

the failure of an adopting employer of a pre-approved DC plan to adopt the approved EGTRRA 

restatement of the plan document by April 30, 2010, will adversely affect the qualified status of the 

employer’s plan. (See Part II of this article for a discussion relating to applicable amendment and 

submission timeframes, including the timeframes that apply to pre-approved “Cycle E” plans.) 

The IRS has established a system of correction programs that permits employers to correct errors in and 

preserve the tax benefits of their retirement plans. This system, the Employee Plans Compliance 

Resolution System (EPCRS), is currently set forth in Revenue Procedure 2008-50. The Voluntary 

Correction Program (VCP) is a component of EPCRS. Under VCP, an applicant may, for a reasonable 

fee, submit an application to the IRS, which identifies a plan’s errors and proposes correction methods for 

those errors. If the correction methods are acceptable, the IRS issues a compliance statement to the 

applicant setting forth the agreement between the IRS and the applicant. VCP is available as long as the 

plan (or, in the case of a tax-exempt entity, the adopting employer) is not under examination by the IRS. 

See Section 5.07 of Revenue Procedure 2008-50 for the definition of “under examination.” 

To assist adopting employers who wish to make a VCP submission to resolve this qualification failure, the 

IRS has developed a Voluntary Correction Program Submission Kit, which provides detailed instructions 

for those adopting employers who wish to make a VCP submission to resolve the failure to adopt plan 

amendments timely. 

An individual determination letter application in regard to the pre-approved DC plan is not required to be 

submitted to the IRS in connection with the VCP filing. An employer adopting a pre-approved plan is 

usually entitled to rely on the opinion or advisory letter issued with respect to the plan. However, if an 

adopting employer desires to obtain an individual determination letter with respect to its plan, then, after 

receiving an executed compliance statement from the IRS, the adopting employer may make an off-cycle 

determination letter application to the IRS as discussed in Part II of this article. 
Part II - Post April 30, 2010, Form 5307/5300 Determination Letter Application Filings For 

Plan Sponsors Who Use Pre-Approved DC Plans

Except as otherwise provided below, applications for pre-approved DC plans submitted after April 30, 

2010, will be treated as off-cycle filings. This means that the application will be placed in suspense and 

generally will not be worked by the IRS until on-cycle applications have been reviewed. For post April 30, 

2010, off-cycle applications that have already been submitted, the IRS will contact the adopting 

employers and offer them the right to withdraw such applications. If such withdrawal request is made, the 

IRS will refund any user fees that have been paid. 

Exceptions to Off-Cycle Treatment

Post April 30, 2010, applications for individual determination letters for pre-approved DC plans in the 

following categories will be considered on-cycle and will be worked in order with other timely submitted 

on-cycle applications. 

1. An application that is submitted on or before January 31, 2011 for: 

a. A plan maintained by a non-governmental employer with an Employer Identification 

Number (EIN) ending in a 5 or 0 - the EINs that correspond to Cycle E; 

b. A plan maintained by a non-governmental employer with an EIN ending in 4 or 9 whose 

first plan year beginning on or after January 1, 2009 and ends on or after February 1, 

2010 (see section IV of Notice 2008-108); or 

c. A plan maintained by a governmental employer (see Revenue Procedure 2009-36). 

Although the six-year EGTRRA remedial amendment cycle for pre-approved DC plans under Revenue 

Procedure 2007-44 ended on April 30, 2010, the five-year EGTRRA remedial amendment cycle for plans 

described in a. through c. above ends on January 31, 2011. Determination letter applications that are filed 

for these plans on or before that date will be considered to be on-cycle. 

2. An application received by July 30, 2010, if the employer and its plan qualify for the special relief 

in Notice 2010-48. This Notice extended the deadline for adopting and submitting a DC preapproved plan to July 30, 2010, for plans affected by certain recent federally declared disasters. 

If a plan described in categories one or two above is submitted on Form 5307, the plan will be reviewed 

on the basis of the 2004 Cumulative List. If the plan is submitted using Form 5300, the plan will be 

reviewed on the basis of the Cumulative List in effect on the date the application is submitted, unless the 

Form 5300 is submitted solely because the adopting employer is requesting a determination regarding 

partial termination, affiliated service group status or leased employees (see Announcement 2008-23). 

An adopting employer submitting a determination letter application for a plan, which meets one of the two 

categories for on-cycle treatment should indicate which category the plan is eligible for in the cover letter 

to the application. 
New Relief for Single-Employer and Multiemployer Defined Benefit Plans

On June 25, 2010, President Obama signed the Preservation of Access to Care for Medicare 

Beneficiaries and Pension Relief Act of 2010. The Act offers single-employer and multiemployer defined 

benefit plans relief from certain funding requirements and some benefit restrictions. On July 30, 2010, the 

IRS issued guidance on the availability of the funding relief for sponsors who have filed the Form 5500 for 

the 2009 plan year. 

Single-Employer Plans

One component of the minimum required contribution is the amortization of shortfall amortization bases 

that are established when there is a gap between the plan’s assets and liabilities. Absent the relief under 

the Act, these shortfalls must be amortized over 7 years. The Act would allow single-employer plan 

sponsors to use either of two alternative amortization schedules: 

• 2+7-year method - pay interest only on the shortfall amortization base for two years and amortize 

the remaining balance over the following 7-year period; or 

• 15-year method - extend the amortization period to 15 years. 

However, if a plan sponsor opts for funding relief under the Act, it may be necessary to make accelerated 

contributions under certain circumstances; for example, if the plan sponsor or any company in its 

controlled group pays: 

• Certain compensatory payments (such as certain compensation in excess of $1 million to an 

employee for services performed after February 28, 2010), or 

• Certain dividends or redemptions of stock. 

The sponsor of a single-employer plan may elect to use this relief for any two plan years beginning in 

2008 through 2011 for new bases established in those plan years, as long as the due date for making the 

final contribution for that plan year occurs on or after June 25, 2010. A plan sponsor that elects to use this 

relief for more than one year must use the same alternative amortization schedule (2+7-year or 15-year) 

for both years and must notify all plan participants and beneficiaries, as well as the PBGC. The plan may 

not revoke its election without the Secretary of the Treasury’s approval and the PBGC must have an 

opportunity to comment on the revocation. 

The Act also extends a single-employer plan’s ability to use the adjusted funding attainment percentage 

(AFTAP) for an earlier year when applying the restriction on continued accruals under Code §436. 

Multiemployer Plans

Under the Act, sponsors of multiemployer plans that satisfy a solvency test may: 

• spread the difference between expected returns and actual returns for either or both of the first 

two plan years ending after August 31, 2008, over a period of not more than 10 years, and /or 

• expand the smoothing corridor so that the actuarial value of assets for either or both of the first 

two plan years ending after August 31, 2008, can range from 80% to 130% of the fair market 

value of assets. 

Additionally, if the solvency test is met, multiemployer plans may, after providing notice to participants, 

beneficiaries and the PBGC, elect to amortize net investment losses that occur during either or both of 

the first two plan years ending after August 31, 2008, over a period beginning when the loss is first 

reflected in valuation assets and ending 30 years after the plan year in which the loss first occurred (29 

years after the first base is established instead of the 15-year period that applies otherwise.) 
A plan that uses the relief cannot increase benefits during the two-year period following a plan year in 

which the relief applies unless certain funding requirements are met or unless a plan amendment 

increasing benefits is required by law. 

Notices

On July 30, 2010, the IRS issued Notice 2010-55 (for single-employer plans) and Notice 2010-56 (for 

multiemployer plans), which provide that, in the case of an eligible plan year that ends before the IRS 

issues guidance under the Act, the funding relief is available without regard to whether the plan sponsor 

has filed the Form 5500 (and Schedule SB or Schedule MB) for that year. The obligation to timely file the 

Form 5500 (and Schedule SB or Schedule MB) is unchanged (taking into account the rules for obtaining 

an extension). The notices also describe issues that may be addressed by future guidance, including: 

• How to determine the amount needed to satisfy minimum funding requirements; 

• How to make an election to use the special funding rules; 

• How to meet the requirement to notify participants and beneficiaries of affected plans; and 

• Any effect of an election to use the special funding rules on the certification of a multiemployer 

plan’s status (for example, endangered, critical or neither) under Code §432(b), including 

certifications already made. 

What is an Actuary? - A Brief Overview

In general, actuaries assess the financial consequences of risks and use mathematics, statistics and 

financial theory to analyze and determine the financial impact of uncertain future events. 

Pension actuaries suggest methods to eliminate or reduce damage to parties if a future event occurs. 

They are primarily concerned with the payment of benefits, including death benefits, from a pension plan. 

Pension actuaries also calculate the required amount of an employer’s annual contribution to a defined 

benefit plan to ensure that current and future plan benefits are available to the participants. 

Enrolled Actuaries

Many pension actuaries are Enrolled Actuaries - individuals who have satisfied the standards and 

qualifications of the Joint Board for the Enrollment of Actuaries and have been approved by the Board to 

perform actuarial services required under ERISA. These individuals have fulfilled knowledge and 

experience requirements related to pension laws and regulations, including: 

• ERISA; 

• the Internal Revenue Code; 

• Treasury Regulations; 

• IRS Revenue Rulings and IRS Notices; 

• PBCG Premium Payment Instructions, Regulations and Technical Updates; and 

• Department of Labor Regulations and Bulletins. 

IRS Employee Plans Actuaries may either work as a: 

• Policy Actuary in Rulings and Agreements, or 

• Field Actuary in Examinations. 
Policy Actuaries: 

1. Review private letter ruling requests about topics such as waivers of the Code §412 minimum 

funding standard, approvals of a plan’s change in its funding method or assumptions and correct 

interpretation and application of ERISA and the Code; 

2. Work on field agents’ technical advice cases to produce a Technical Advice Memorandum on 

issues such as the correct application of a general Code §401(a)(4) nondiscrimination test on 

Form 5300-Demonstration 6 attachment; 

3. Assist in drafting and reviewing regulations, revenue rulings, revenue procedures, notices and 

announcements; 

4. Respond to taxpayers’ questions; 

5. Provide expert reports and testimony in a court of law; and 

6. Assist with special projects (for example, cash balance moratorium cases, promoter 

investigations (life and annuity insurance) and voluntary compliance cases.) 

Field Actuaries: 

1. Assist with retirement plan audits and attend related meetings with pension plan representatives; 

2. Support revenue agents who work on determination letter applications by reviewing 

demonstrations, plan documents and answering technical questions; 

3. Draft responses to information requests and review documents submitted to revenue agents; 

4. Have expertise in topics including 403(b) arrangements, fully insured plans, governmental plans, 

employee plans team audits, multiemployer plans and PPA funding and benefit restriction issues; 

and 

5. Assist with guidance projects such as developing new regulations. 

In addition to these roles, both policy and field actuaries teach new and current IRS employees. They also 

speak at other professional seminars across the country. Sometimes policy and field actuaries work 

together on large teams for IRS projects. 
We’re Glad You Asked! - SIMPLE IRA Plan Matching Contribution 

My business revenues have decreased. Can I suspend or reduce the amount of matching 

contributions to our SIMPLE IRA plan for this year?

Unfortunately, you cannot suspend or modify your employer matching contributions mid-year. Also, you 

cannot terminate a SIMPLE IRA plan in the middle of the year. You must maintain the plan for a full 

calendar year, except in the year you first establish a SIMPLE IRA plan, in which case the plan can be 

established up to October 1 of that year. You must make the contributions that you promised your 

employees in the SIMPLE IRA plan notice. 

What happens if I don’t make the matching contribution to the SIMPLE IRA plan?

A SIMPLE IRA plan must satisfy certain rules to obtain favorable tax benefits. Failure to satisfy these 

rules, for example, by not making required matching contributions, can result in the loss of favorable tax 

benefits for the employer and all participants. 

An employer can, however, correct certain SIMPLE IRA plan failures under the IRS’s Employee Plans 

Compliance Resolution System (EPCRS). For additional information, review our SIMPLE IRA Plan Fix-It 

Guide and visit the Correcting Plan Errors Web page. 

We reduced our matching contribution to our SIMPLE IRA plan from 3% to 1% beginning 

January 1, 2010, because of the bad economy. Conditions have now improved and we 

would like to resume contributing at the 3% level. Can we do that retroactively to January 

1, 2010?

No, you cannot change the contribution amounts mid-year. When you amend your SIMPLE IRA plan, the 

amendments become effective only at the beginning of the next calendar year and must conform to the 

content of the plan notice for that calendar year. If your plan’s notice to employees stated 1%, you must 

continue to contribute 1% for the remainder of 2010. The earliest effective date that you can change the 

matching contribution back to 3% is January 1, 2011. 
DOL News 

The Department of Labor’s Employee Benefits Security Administration (DOL/EBSA) announced new 

guidance as featured below. You can subscribe to DOL/EBSA’s homepage for updates.

Hearing on Specific Issues Related to Lifetime Income Options for Retirement Plans

On August 5, DOL/EBSA and the Department of the Treasury announced a joint public hearing on 

September 14, and, if necessary, on September 15. The participants will listen to testimony on several 

specific issues relating to lifetime income and other arrangements that provide a stream of post-retirement 

income for workers in employer-sponsored retirement plans. The hearing will begin at 9:00 a.m. in the 

Labor Department’s auditorium, 200 Constitution Avenue, N.W. in Washington, D.C. 

The Departments received approximately 780 public comments in response to the request for information 

(RFI) published in the Feb. 2, 2010 Federal Register. The purpose of the hearing is to gather additional 

information on discrete technical issues and proposals raised in the RFI submissions. 

Witnesses will address issues relating to: 

• Certain specific participant concerns affecting the choice of lifetime income relative to other 

options; 

• Information to help participants make choices on the management and spend down of retirement 

benefits; 

• Disclosure of account balances as monthly income streams; 

• The fiduciary safe harbor for selection of lifetime income issuers or products; and 

• Alternative designs of in-plan and distribution lifetime income options. 

Written requests to testify at the hearing and topical outlines should be submitted by August 16. The 

request to speak at the hearing and an outline of the main points to be discussed regarding the specified 

issue(s) should be submitted by to e-ORI@dol.gov or by mail to the Office of Regulations and 

Interpretations, Employee Benefits Security Administration, 200 Constitution Ave., N.W., Washington, 

D.C. 20210. Although reasonable efforts will be made to accommodate requests to testify, it may be 

necessary to limit the number of those testifying to adhere to the hearing’s format. The hearing agenda 

will be available from both agencies by August 26. 

Disclosure of Fees and Conflicts of Interest Affecting 401(k) and Other Retirement Plans

On July 16, DOL/EBSA published an interim final rule that will enhance disclosure to fiduciaries of 401(k) 

and other retirement plans. The rule will assist fiduciaries in determining both the reasonableness of 

compensation paid to plan service providers and any conflicts of interest that may impact a service 

provider’s performance under a service contract or arrangement. 

The interim final rule follows significant Congressional effort to improve the current disclosure system. 

The interim final rule will enhance disclosure to pension plan fiduciaries by requiring the disclosure of the 

direct and indirect compensation certain service providers receive in connection with the services they 

provide. The rule applies to plan service providers expecting to receive $1,000 or more in compensation 

and who provide: certain fiduciary or registered investment advisory services; make available plan 

investment options in connection with brokerage or recordkeeping services; or otherwise receive indirect 

compensation for providing certain services to the plan. 

Written comments on the interim final regulation should be addressed to the Office of Regulations and 

Interpretations, Employee Benefits Security Administration, Room N-5665, U.S. Department of Labor, 200 
Constitution Ave., NW, Washington, DC 20210, Attention: 408(b)(2) Interim Final Rule. The public also 

may submit comments by e-mail to e-ORI@dol.gov or through the federal rulemaking portal at 

http://www.regulations.gov. 

Electronic Filing Update – New E-signature Option

On May 13, DOL/EBSA announced a new e-signature option for the EFAST2 electronic filing system for 

Forms 5500 and 5500-SF annual reports. The option is designed to simplify the electronic filing process, 

especially for small businesses using service providers to complete and file their annual reports. 

Effective January 1, 2010, retirement and welfare plans required to file an annual Form 5500 or 5500-SF 

must file electronically using DOL/EBSA’s new EFAST2 electronic filing system. 

Under the new e-signature option, service providers who manage the filing process for plans can get their 

own signing credentials and submit the plan’s electronic Form 5500 or 5500-SF. The service provider 

must confirm that it has specific written authorization from the plan administrator to submit the plan’s 

electronic filing. In addition, the administrator must manually sign a paper copy of the completed filing and 

the service provider must attach a PDF copy of the manually signed Form 5500 or 5500-SF as an 

attachment to the electronic filing submitted to EFAST2. 

The service provider must communicate to the plan administrator any inquiries received from EFAST2, 

DOL/EBSA, the IRS or the PBGC regarding the filing, and inform the plan administrator that, by electing 

to use this option, the image of the plan administrator’s manual signature will be included with the rest of 

the annual return/report posted by DOL/EBSA on the Internet for public disclosure. 

The additional e-signature option is available in the government-sponsored IFILE application. Filers using 

EFAST2 approved software to complete and file the Form 5500 or 5500-SF should contact their software 

vendors for information regarding the availability of this new e-signature option as part of their software. 

The EFAST2 frequently asked questions have been updated (see Q&A 33a), and a new fact sheet and 

set of frequently asked questions were developed to help small businesses understand this new option. 

Assistance with the EFAST2 system and the Forms 5500 and 5500-SF is also available toll-free at 866-

463-3278. 

In addition, the archive of DOL/EBSA’s June 3 webcast on “ Getting Started with EFAST2 and Preparing 

Your 2009 Form 5500” is available. 

Online Index for Individual Prohibited Transaction Exemptions

On August 2, DOL/EBSA launched a new online index for locating individual exemptions granted under 

ERISA. The new online index lets people search by subject matter for individual exemptions granted from 

1996 through 2010. 

Free Compliance Assistance Events

For dates and locations of free compliance assistance events sponsored by EBSA for both retirement and 

health benefit plans, visit EBSA’s homepage. 
Desk Side Chat...With Monika Templeman- 401(k) Questionnaire-Why It’s 

Important to Every 401(k) Plan Sponsor 

In each issue, Monika Templeman, Director of EP Examinations, responds to questions and offers 

insights on retirement plan topics uncovered during audits. You may provide feedback or suggest future 

topics for discussion by e-mailing her at: RetirementPlanComments@irs.gov.

The last issue of this newsletter announced the release of the 401(k) Compliance Check 

Questionnaire Project. Why is the IRS doing this project?

401(k) plans, the fastest growing retirement plan market segment, have a huge impact on the health of 

the private retirement system in America. These plans have far surpassed defined benefit plans as the 

preferred retirement vehicle for a significant majority of employers. Plan sponsors avoid a potential 

funding burden with 401(k) plans since a major portion of the plan is funded through employee 

contributions. In an EP baseline study of 79 market segments, we found that 401(k) plans have many 

compliance issues. When we learn the compliance errors found in 401(k) plans and the reasons why they 

occur, we are able to better direct our outreach efforts and product development. 

Would you change the 401(k) plan web products that you have?

We currently have a 401(k) Checklist and the 401(k) Fix-It Guide – Common Problems, Real Solutions. 

Another reason for this project is to determine how these tools are working. Based on the results of the 

Questionnaire, we will enhance our current tools and possibly develop new ones to help plan sponsors 

use good internal controls in effectively maintaining their plans. 

Do you have any tips for the1,200 sponsors who received the request to complete the 

Questionnaire?

I would recommend that they visit the EPCU page and print a copy of the Questionnaire and the glossary

of terms. I would also suggest reading the FAQs. Then, complete the Questionnaire online as instructed 

within the 90-day period. The Questionnaire recipients can use it to discover and voluntarily correct errors 

in their plans. Because this compliance check is not an audit, they can use the Self-Correction and 

Voluntary Correction Programs to correct plan mistakes. 

Are you receiving completed Questionnaires?

To date, we’ve received nearly 500 completed Questionnaires. This rate of return is as expected. 

Can the employer request an extension of time to complete the Questionnaire?

Yes. Just contact the person on your letter and provide a valid reason for the extension of time. 

What tips do you have for plan sponsors who did not receive the Questionnaire?

I highly recommend that all plan sponsors print and complete the Questionnaire and use it as a self-audit 

tool. 
Large employers have internal resources to perform this and other self-audits. Do you 

have any suggestions for small business owners who may not have these resources?

I appreciate the struggles that many small business owners face and applaud the ones who chose to 

establish retirement benefits for their employees. It’s important to maintain these plans so the benefits will 

be there at retirement. Small business owners should invest the time and money to ensure their plans are 

running properly. An employer who is not comfortable relying on the tools I mentioned earlier has the 

option of hiring a benefits professional. It’s important to find plan mistakes early because the impact of 

non-compliance left unchecked can be very costly. 

Many small business owners assume that the financial institution that sold them their 

plan will also maintain the plan. Is this true?

Generally, that is an incorrect assumption. It is best for the employer to perform a self-audit, or hire 

someone to perform it. 

Will you share the results of the project with the retirement plans community?

We plan to post our findings on the EPCU Web page by September 30, 2011. The Questionnaire results 

will help us identify areas needing additional education, outreach, guidance and compliance activities. 

Employee Plans Recent Published Guidance 

Regulations

T.D. 9484, 75 Fed. Reg. 27927 (May 19, 2010)

Final regulations on Code §401(a)(35) investment diversification requirements for most defined 

contribution plans with publicly traded employer securities. 

Notices

Notice 2010-55, 2010-33 I.R.B. 253

Guidance on the newly added Code §430(c)(2)(D) special funding rules for single-employer defined 

benefit plans for a plan year for which the Form 5500 (and Schedule SB) has been filed and a description 

of anticipated future guidance for plan sponsors on the election to use these rules. 

Notice 2010-56, 2010-33 I.R.B. 254

Guidance on the newly added Code §431(b)(8) special funding rules for multiemployer defined benefit 

plans for a plan year for which the Form 5500 (and Schedule MB) has been filed and a description of 

anticipated future guidance for plan sponsors on these rules. 
Mark Your Calendar 

Here are some important dates for operating your retirement plan in the upcoming months. Please note 

that the filing dates are for calendar-year end plans and taxpayers. Noncalendar-year end plans must 

adjust their dates. 

August 24 - 26: IRS Nationwide Tax Forum – Las Vegas, NV. 

August 31 - September 2: IRS Nationwide Tax Forum – San Diego, CA. 

September 15: Deadline for making final minimum required contribution for 2009 for money purchase 

and defined benefit plans. 

September 15: Last day to elect (or change a standing election) for single-employer defined benefit plans 

to: 

• use funding balances to offset the minimum required contribution for the 2009 plan year, 

• credit excess contributions for the 2009 plan year to the plan’s prefunding balance, and 

• revoke a previous election to use a funding balance to offset the minimum required contribution 

for the 2009 plan year, to the extent the election exceeded the full minimum required contribution 

for the year (only for plans with valuation dates that are not the first day of the plan year). 

September 15: Last day to set up a SEP plan for 2009 if you file a Form 1120 business tax return and 

have an extension of your March 15, 2010 due date. 

September 30: Last day for sponsors of single-employer defined benefit plans to obtain AFTAP 

certification from the plan’s enrolled actuary to avoid triggering benefit restrictions under Code §436 

through (at least) the end of 2010. 

October 1: Sponsors of single employer defined benefit plans that have not received a certified AFTAP 

from the plan’s enrolled actuary should review benefit restrictions under Code §436 to determine whether 

additional restrictions apply or if other action is required. 

October 15: File 2009 (if you filed for a 2-1/2 month extension prior to August 1): 

• Form 5500, Annual Return/Report of Employee Benefit Plan, 

• Form 5500-SF, Short Form Annual Return/Report of Small Benefit Plan, or 

• Form 5500-EZ, Annual Return of One-Participant (Owners and Their Spouses) . 

October 15: Last day for sponsors of single-employer defined benefit plans to reinstate a standing 

election made earlier to use funding balances to offset minimum required contributions and/or to add 

excess contributions to the prefunding balance if the enrolled actuary signing the 2009 Schedule SB is 

not the same as the actuary named in the earlier election. 

October 15: Deadline for making third quarter contributions for 2010 to calendar-year defined benefit 

plans. 

October 15: Last day to set up a SEP plan for 2009 if you file a Schedule C with your Form 1040 tax 

return and have an extension of the April 15, 2010 due date. 
November 2: Last day for employers with SIMPLE IRA or SIMPLE 401(k) plans to notify eligible 

employees of their 2011 salary reduction rights and whether their required contributions will be matching 

or nonelective contributions. 

For a complete list of upcoming EP Educational Events, visit the Retirement Plans Community Web page. 

Timing Is Everything - Plan Disclosure Documents: Understanding Your 

Employer’s Retirement Plan 

Your first step to saving for retirement is to understand how your employer’s retirement plan works. Most 

employer-sponsored retirement plans that receive favorable tax treatment must operate under a written 

document. Your employer must follow all plan provisions or risk losing the plan’s tax benefits. For most 

plans, your employer must give you plan disclosure documents explaining eligibility, contributions, vesting 

and other plan provisions. Some plans (for example, 401(k) plans) are required to provide you a 

Summary Plan Description (SPD) within 90 days of becoming a plan participant. The SPD is a plain 

language summary of important features in your retirement plan. There are similar notice and disclosure 

requirements for SEP and SIMPLE IRA plans. Here is a brief overview of the basic concepts the plan’s 

disclosure documents must cover. 

Eligibility to Participate

You are eligible to participate in your employer’s retirement plan when you have met the plan’s required 

conditions. The law permits each plan type to have different participation requirements. Some allow you 

to participate immediately, while others may require that you work for a specific amount of time. Review 

the general eligibility requirements for the following common types of retirement plans: 

• SEP 

• SIMPLE IRA plan 

• Qualified plan (for example, 401(k), profit-sharing, defined benefit) 

• 403(b) plan 

For specific eligibility requirements of your plan, ask you employer or check your plan’s disclosure 

documents. 

Contributions

All retirement plans allow contributions up to certain annual limits. The type of retirement plan you have 

determines who can contribute to it and the maximum amounts that can be contributed. Some plans allow 

only employer contributions, others allow only employee contributions and some may allow both. Your 

plan’s disclosure documents will state who can contribute to your plan. 

Vesting

Vesting means ownership. You are always 100% vested in any contributions that you make to your 

retirement plan, even if you leave your employer. However, depending on your type of retirement plan, 

vesting of employer contributions may be immediate or may take up to seven years. Your plan’s 

disclosure documents will contain the specific vesting schedule. 
Distributions

Normally you can only take money out of your retirement plan when you retire or leave your job, except in 

the case of IRA-based plans (SEPs and SIMPLE IRA plans). However, depending on the type of plan you 

have, it may allow distributions for specific events such as hardship or disability. The plan’s disclosure 

documents will explain if and under what conditions these “in-service” distributions” are allowed. 

Visit the Plan Participant/Employee Web pages to find more retirement plan information.