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May 12, 2008

Current Stories

Officials Field Questions, Offer Warnings To Practitioners Implementing New PPA Rules

An Internal Revenue Service official said March 29 that as officials are starting to process determination letter requests for defined benefit cash balance plans, which had been subject to a moratorium since 1999, they have noticed that more information may be needed from plan sponsors to specify certain facts that were involved with converting the prior traditional defined benefit plan to the new hybrid plan. Publication date March 30, 2007

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Treasury Official Outlines Priorities of Department for PPA-Related Guidance

Harlan M. Weller, actuary of the Department of the Treasury's Office of Tax Policy, outlined March 21 the department's priorities for Pension Protection Act related guidance for single-employer defined benefit pension plans. Publication date March 23, 2007

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PPA Emphasizes Plan 'Stewardship,' Provides More Tools for Protecting Plans

The Pension Protection Act of 2006 added emphasis to the “stewardship” of multiemployer plans, Eli Greenblum, an actuary and senior vice president of the Segal Co., said March 21 at a BNA-sponsored pension conference. Publication date March 23, 2007

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Rulings and Agreements Director Lists Priorities for Remainder of Fiscal 2007

Priorities outlined March 21 by Andrew E. Zuckerman, Internal Revenue Service director of rulings and agreements, for the rest of fiscal 2007 included issuing guidance on employee benefits provisions enacted in the Pension Protection Act, working on the backlog of determination letters for roughly 1,250 defined benefit cash balance plans, and reducing the inventory of cases in the voluntary compliance program. Publication date March 23, 2007

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Final Rules on Automatic Enrollment Will Address Commenters' Questions

Final regulations on automatic enrollment and default investment alternatives are expected to be released in April, Labor Department official Erin M. Sweeney said March 21 at a BNA sponsored conference. Publication date March 23, 2007

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IRS Issues Notice With Q&A Guidance for Changes to Plan Deduction Limits

The Internal Revenue Service March 13 released guidance (Notice 2007-28) in the form of questions and answers related to newly enacted changes to the deduction limits for employer contributions to deferred compensation plans under tax code Section 404. Publication date March 15, 2007

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Rep. Pomeroy Expresses Interest in Revisiting the Pension Protection Act

Rep. Earl Pomeroy (D.-N.D.), a central figure on pension issues in Congress, March 13 indicated an interest in revisiting the Pension Protection Act of 2006, saying enactment of the law was based on a “snapshot.” Publication date March 15, 2007

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Treasury, IRS Add to Guidance Priorities Various Rules, Notices Implementing PPA

In a March 12 update to the 2006-2007 Priority Guidance Plan, the Treasury Department and Internal Revenue Service included what officials described as “substantial guidance implementing the Pension Protection Act of 2006.” Publication date March 14, 2007

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No Transitional Relief for Rollover to Nonspouse, IRS Official Says

The Internal Revenue Service made the decision not to provide transitional relief under Section 829 of the Pension Protection Act for years prior to 2006 regarding nonspouse beneficiary rollovers, an Internal Revenue Service official said March 9. Publication date March 13, 2007

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DOL Interim Final Rule Clarifies Issues of QDRO Timing and Order

The Department of Labor's Employee Benefits Security Administration released March 6 an interim final rule clarifying issues relating to the timing and order of qualified domestic relations orders. Publication date March 8, 2007

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Spring Introduction Possible for Bill Making Technical Corrections to PPA

The House Education and Labor Committee may hold hearings in March on a technical corrections bill, while the Senate Finance Committee may consider such a bill in the Spring, aides told BNA Feb. 28. Publication date March 2, 2007

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PBGC Proposes New 'Termination Premium,' Changes in Flat, Variable Premium Rates

The Pension Benefit Guaranty Corporation released Feb. 16 a proposed rule that would create a new “termination premium,” change the flat premium rate, and cap the variable rate premium in some cases. Publication date February 21, 2007

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DOL Says PPA Doesn't Nullify Guidance Provided on Prior Investment Advice

Provisions of the Pension Protection Act of 2006 do not invalidate or otherwise affect prior guidance relating to investment advice, the Labor Department said in Field Assistance Bulletin No. 2007-01, released Feb. 2. Publication date February 6, 2007

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EBSA Official Says the Agency is Working Aggressively on PPA and Regulatory Agenda

The Department of Labor's Employee Benefits Security Administration is working aggressively on its statutory requirements under the Pension Protection Act of 2006 and on its regulatory agenda, an EBSA official said Jan. 26. Publication date January 30, 2007

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Labor Department Still Considering Best Way to Issue PPA Guidance, Senior Official Says

LOS ANGELES--Given a relatively tight deadline, the Department of Labor has not yet decided whether to put out proposed regulations or proceed directly to final regulations for the significant changes the Pension Protection Act of 2006 made to rules governing the individual benefit statements that retirement plans send to participants, a senior department official said Jan. 26. Publication date January 30, 2007

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IRS to Offer Amendment Cycle Choice to Parent-Subsidiary Controlled Groups

LOS ANGELES--The Internal Revenue Service is expected to update its procedure on the determination letter program to ease concerns of parent-subsidiary controlled groups, Martin L. Pippins, manager, technical guidance and quality assurance in the Employee Plans Division, said Jan. 24. Publication date January 30, 2007

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PPA Changes Will Not 'Necessarily' Lead to Higher Contract Costs, DOD Says

Although the Pension Protection Act of 2006 will require many federal contractors to significantly change the funding of their defined benefit pension plans, “such funding changes will not necessarily result in increased costs on negotiated contracts,” according to Defense Department internal guidance. Publication date January 25, 2007

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PPA 'Grab Bag' Notice Provided Guidance, Relief for Addressing Affected Distributions

HOLLYWOOD, Fla.--Treasury actuary Harlan Weller directed practitioners attention Jan. 19 to several issues related to defined benefit plans that were included in recently released Notice 2007-7. Publication date January 24, 2007

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Pension Act Changes Will Not 'Necessarily' Lead to Increased Contract Costs, DOD Says

Although the Pension Protection Act of 2006 (PPA) will require many federal contractors to significantly change the funding of their defined benefit pension plans, “such funding changes will not necessarily result in increased costs on negotiated contracts,” according to recent Defense Department internal guidance. Publication date January 24, 2007

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IRS Employee Plans Official Says Guidance, Service, Enforcement Among 2007 Priorities

HOLLYWOOD, Fla.--The focus of the Internal Revenue Service's Employee Plans Division in the coming year will be on enhancing the quality of customer service, releasing additional guidance relating to provisions enacted in the Pension Protection Act, and cooperating with IRS enforcement officials in an effort to increase plan compliance, an official said Jan. 19. Publication date January 23, 2007

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IRS Highlights Changes for Government Retirees

The Internal Revenue Service Jan. 11 posted to its Web site a notice highlighting two changes for certain government employee retirement plans made by the Pension Protection Act of 2006 (Pub. L. No. 109-280). Publication date January 16, 2007

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Treasury and IRS Release PPA-Related Distribution Rules in Question-Answer Format

The Treasury Department and Internal Revenue Service provided guidance Jan. 10 in the form of questions and answers for sponsors of tax-qualified retirement plans who were seeking clarity on changes to plan distribution rules enacted in the Pension Protection Act of 2006 (Notice 2007-7). Publication date January 12, 2007

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Major Pension Action Unlikely in First Hours as 110th Congress Begins

With a considerable amount of nonpension legislation expected from the Democratic leadership within the first 100 hours of the new Congress, action on pensions is expected to be limited to oversight and a technical corrections bill to the 2006 pension reform law. Publication date January 11, 2007

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DOL's EBSA Must Produce 25 Regulations in 2007 Due to PPA, Official Says

The Pension Protection Act of 2006 (Pub. L. No. 109-280) mandated that the Department of Labor issue about 25 regulations in 2007. Therefore, most of the guidance expected from DOL's Employee Benefits Security Administration is likely to implement the PPA. Publication date January 10, 2007

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Plan Funding, Cash Balance Plans to Lead Off Calendar Year 2007 Guidance

Now that Treasury and Internal Revenue Service have released guidance for notices on diversification rights for plan participants, as directed by provisions enacted in the Pension Protection Act (Pub.L. No. 109-280), officials are turning their attention to regulatory interpretations for plan funding rules and the treatment of cash balance plans within the first quarter of calendar year 2007. Issuing related proposed guidance is “going to be a very high priority of ours,” one official told BNA. Publication date January 10, 2007

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CRS Updates Its PPA PBGC Provisions Report

The Congressional Research Service released Dec. 28 a report updating its summary of the provisions of the Pension Protection Act that are applicable to the Pension Benefit Guaranty Corporation's pension insurance program. Publication date January 3, 2007

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Treasury, IRS Seek Comments on Guidance on PPA Phased Retirement Rules

The Treasury Department and Internal Revenue Service issued Dec. 22 Notice 2007-8 seeking comments as they consider whether to issue a proposal relating to in-service distributions from phased retirement programs under new tax code Section 401(a)(36). Publication date December 28, 2006

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DOL Provides General Guidance for PPA Benefit Statement Good Faith Compliance

The Department of Labor's Employee Benefits Security Administration is providing general temporary guidance concerning “good faith compliance” with the pension benefit statement provisions of the Pension Protection Act of 2006, according to Field Assistance Bulletin No. 2006-03, obtained by BNA Dec. 20. Publication date December 22, 2006

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IRS Posts Information, Links to Guidance on Rules Enacted by Pension Protection Act

The Internal Revenue Service posted to its Web site Dec. 19 a page devoted to guidance for changes enacted under the Pension Protection Act of 2006 (Pub. L. No. 109-280), signed into law Aug. 17. Publication date December 21, 2006

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IRS Highlights Change Made by PPA Affecting Transfers From IRAs to Charity

The Internal Revenue Service highlighted in a Dec. 14 news release some changes to the tax law that will affect charitable gifts by individuals and businesses, including direct transfers from some individual retirement accounts to eligible charitable organizations. Publication date December 18, 2006

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IRS Corrects Form 5500 Instructions, Makes Required Changes

The Internal Revenue Service posted to its Web site Dec. 13 two notices correcting the instructions for Form 5500, Annual Return/Report of Employee Benefit Plan, and instructions for Schedule B, Actuarial Information (Form 5500), noting changes required by the Pension Protection Act of 2006 (Pub. L. No.109-280).

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CRS Updates the PPA PBGC Provisions Report

The Congressional Research Service Dec. 7 released a report updating its summary of the provisions of the Pension Protection Act that are applicable to the Pension Benefit Guaranty Corporation's pension insurance program.

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PBGC Agenda Addresses Penalties, Mortality Assumptions, and Payment Matters

The Pension Benefit Guaranty Corporation released Dec. 8 its semiannual regulatory agenda, addressing rulemakings related to penalties, mortality assumptions, and payment matters. Publication date December 12, 2006

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DOL Releases Proposed Form 5500 Revisions Required by PPA

The Department of Labor's Employee Benefits Security Administration, along with the Department of Treasury, Internal Revenue Service, and the Pension Benefit Guaranty Corporation, released Dec. 8 a notice of supplemental proposed Form 5500 Annual Return/Report revisions required by the Pension Protection Act of 2006. Publication date December 12, 2006

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Pension Protection Act Provides Tax Relief to Purchasers of Long-Term Care Contracts

Changes to the tax code enacted by the Pension Protection Act (Pub. L. No. 109-280) will provide incentives to purchase long-term care insurance by providing purchasers with attractive tax benefits, American Council of Life Insurers Senior Vice President (taxes and retirement security) Ann Cammack told BNA Dec. 4. Publication date December 12, 2006

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Plans Alerted to Impact of PPA Provisions on Pension Financial Reporting Requirements

The Pension Protection Act will generate several financial reporting consequences for companies that sponsor defined benefit pension plans, according to an accounting alert published by Deloitte & Touche L.L.P. Dec. 4. Publication date December 7, 2006

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DOL Releases Model Notice for Multiemployer Plan PPA Election

The Department of Labor released Nov. 30 a model notice which may be used by employee benefit plans that elect to be treated as multiemployer plans under the Employee Retirement Income Security Act. Publication date December 4, 2006

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Year-End Regulations Expected to Include Diversification Notice Relief

Upcoming guidance is expected in December on executive compensation and provisions enacted in the Pension Protection Act, including timing relief on requirements for diversification notices, an Internal Revenue Service official confirmed to BNA Nov. 28. Publication date November 30, 2006

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Agency Asks OMB to Renew Notice Despite Notice Provision's Repeal by PPA

The Pension Benefit Guaranty Corporation published Nov. 24 a request to the Office of Management and Budget to renew the information collection related to a notice to participants of pension plans, under Employee Retirement Income Security Act Section 4011, despite the repeal of Section 4011 by the Pension Protection Act of 2006. Publication date November 29, 2006

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State Adopts Tax Exclusion for IRA Distributions to Charities

BOSTON--Massachusetts has adopted for personal income tax purposes the federal exclusion for individual retirement account distributions to qualifying charities, the state tax agency said in a technical information release published Nov. 17. Publication date November 28, 2006

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IRS Releases Procedures for Airlines Opting for Alternative Deficit Reduction

The Internal Revenue Service issued Nov. 21 Notice 2006-105 providing procedures for making alternative deficit reduction contribution elections under tax code Section 412(l)(12) for eligible airline sponsors of employee pension plans, as allowed under the Pension Protection Act. Publication date November 27, 2006

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DOL to Request Computer Model Feedback on Providing Investment Advice Under PPA

The Labor Department will be requesting information from the benefits community on computer models for the provision of investment advice to retirement plan participants, as provided by the Pension Protection Act of 2006, an official said Nov. 17. Publication date November 21, 2006

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EBSA Official Addresses Comments Involving Default Investment Alternatives

Proposed regulations on default investment alternatives under participant directed individual account plans would offer plan fiduciaries new relief from liability for plan losses, Labor Department official Erin Sweeney told a District of Columbia Bar meeting Nov. 15. Publication date November 20, 2006

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Commenters Seek Clarification of Rule on Default Investment Notice and Fees

Commenters expressed concern and sought clarification of the Labor Department's proposed rule on automatic enrollment and default investments of tax code Section 401(k) funds, according to a BNA review of filed comments Nov. 16. Publication date November 20, 2006

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Congress Begins Regrouping for New Session With Eye to Retirement, Benefits Policy

The Democratic congress may revisit the transition issues of the Pension Protection Act of 2006, while fighting Social Security individual account proposals, members of Congress told BNA Nov. 13. Publication date November 16, 2006

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Official Says PPA Exclusion for IRA Donation Raises Question of Treatment for Pledges

LOS ANGELES--The Pension Protection Act’s exclusion of up to $100,000 from income for withdrawals from individual retirement accounts (IRAs) for charitable donations is technically distinct from charitable deductions allowed elsewhere in the Internal Revenue Code, and so raises the question of whether the exclusion applies to charitable pledges, a Treasury Department official said Nov. 16. Publication date November 20, 2006

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Tax and Pension Officials Review Timelines for Action on Regulations

Tax and pension officials reviewed Nov. 9 timelines for action on various pending regulations, some of which were promulgated under the Pension Protection Act. Publication date November 14, 2006

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Practitioners, Groups Predict Policy Shift in 110th Congress From Retirement to Health Care

The employee benefits agenda is likely to trend away from pensions and individual Social Security accounts under Democrat leadership in the 110th Congress, and move toward a greater focus on health care policy, practitioners and benefits group representatives told BNA during separate interviews on the results of the Nov. 7 midterm elections. Publication date November 13, 2006

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PPA Is 'Driving Force' on EBSA Agenda, Including Automatic Enrollment, Official Says

The Pension Protection Act is the “driving force” on the agenda of the Labor Department's Employee Benefits Security Administration, including action on the proposed rule for automatic enrollment/default investment, Acting Assistant Secretary Bradford Campbell said Nov. 8. Publication date November 13, 2006

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Group Recommends Revisiting Plan Asset Regulations to Provide Additional Guidance

A Labor Department ERISA Advisory Council working group recommended in its final report to the Secretary of Labor Nov. 7 that in view of the passage of the Pension Protection Act, now is a “good opportunity” for the department to revisit plan asset regulations and to provide additional guidance to alleviate “existing confusion.” Publication date November 9, 2006

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IRS Announces Procedures for Switching to Public Charity Classification Under PPA

The Internal Revenue Service explained Nov. 7 in Announcement 2006-93 new procedures for public charities to switch their tax classification in light of new, more restrictive rules in the Pension Protection Act of 2006 (Pub. L. No. 109-280). Publication date November 9, 2006

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Consulting Group Provides End-of-Year Checklist for Employers

Aon Consulting Inc. released Oct. 26 a checklist of general administrative and planning issues that may need attention by yearend, along with legislative or regulatory developments for employee plan sponsors, in an Alert. Publication date November 2, 2006

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PPA Provides Many Planning Opportunities, Executive Says

NEW YORK--The Pension Protection Act of 2006 (Pub. L. No. 109-280) provides a series of new planning opportunities for individuals, but toughens the tax laws for charitable donations, a financial executive told reporters at a briefing hosted by the New York Society of Certified Public Accountants Oct. 31. Publication date November 2, 2006

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Employer Group Provides Listing of Requests for PPA Corrections, Guidance

The American Benefits Council has compiled suggestions for technical corrections and requests for administrative guidance related to single-employer plan funding and hybrid plan provisions of the Pension Protection Act, in a list dated Oct. 25 and obtained by BNA Oct. 30. Publication date November 1, 2006

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Pension Professionals Query IRS Officials on Technical Issues for Guidance, PPA

Internal Revenue Service officials discussed plan examination issues and plan amendments on vesting during a conference sponsored by the American Society of Pension Professionals and Actuaries on Oct. 25. Publication date October 27, 2006

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ASPPA Says It Will Ask DOL for 'Realistic' PPA Rules on Retirement Plans

Officials of the American Society of Pension Professionals and Actuaries will meet Oct. 23 with Labor Department representatives to ask for “realistic” defined contribution plan regulations associated with the Pension Protection Act, Brian H. Graff, ASPPA executive director and chief executive officer, said Oct. 18. Publication date October 20, 2006

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Defined Benefit Contributions May Rise Due to the PPA's Passage

Two-thirds of survey respondents expect that the Pension Protection Act will result in higher levels of required defined benefit pension plan contributions for their organizations, but it will not have a major impact on the movement away from defined benefit plans, according to a Towers Perrin survey report provided to BNA Oct. 17.

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Capital Markets Commission Formulates Ideas to Change U.S. Retirement System

Concerned that the retirement security of millions of Americans and the health of U.S. capital markets may be at risk, an independent commission is investigating ways to alleviate investment funding shortfalls stemming from the retirement plan community's shift away from defined benefit plans, public plan investment manager Peter Gilbert told BNA Sept. 29.

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Comptroller General Walker Calls PPA Important Reform With Unfinished Business

Comptroller General David M. Walker gave a presentation Oct. 10 contending that the Pension Protection Act was an important reform but left some unfinished business, including further closing of funding loopholes and the growing deficit of the Pension Benefit Guaranty Corporation. Publication date October 13, 2006

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IRS, Treasury Officials Detail Actions on Upcoming Fiscal Year Guidance, PPA

In addition to guidance already in process as the new fiscal year begins, Treasury Department and Internal Revenue Service officials now are prioritizing guidance enacted under the Pension Protection Act, officials said at an Oct. 6 conference sponsored by the American Law Institute and the American Bar Association. Publication date October 11, 2006

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Current Rules Adequate for PPA Implications for Defined Benefit Plan Funding, FASB Says

NORWALK, Conn.--The Financial Accounting Standards Board said Oct. 4 it would not issue any additional disclosure guidance on the funding requirements for defined benefit pension plans enacted under the Pension Protection Act of 2006 (Pub. L. No. 109-280). Publication date October 6, 2006

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CRS Report Summarizes Provisions of PPA Title IV on PBGC Program

The Congressional Research Service released a report Oct. 2 summarizing the provisions of the Pension Protection Act (PPA) that are applicable to the Pension Benefit Guaranty Corporation's pension insurance program. Publication date October 5, 2006

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Provision of Investment Advice Hinges on PPA Requirements, CRS Report Says

The Employee Retirement Income Security Act, as amended by the Pension Protection Act (PPA) “would seem to allow” for the provision of investment advice, but only if it is provided using an “eligible investment advice arrangement,” a Congressional Research Report released Oct. 2 said. Publication date October 5, 2006

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IRS Issues Transitional Relief, Guidance for Plans Held By Indian Tribal Governments

Pending the issuance of further guidance, the Internal Revenue Service Oct. 2 in Notice 2006-89 summarized changes in the Pension Protection Act of 2006 that clarified the treatment of employee plans maintained by Indian tribal governments (ITGs). Publication date October 4, 2006

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Practitioners Seek Clarifications of Automatic Enrollment Proposal

Practitioners told BNA Sept. 28 that the Labor Department's automatic enrollment and default investment proposal is timely but expressed some concerns with the proposed rule and asked for clarifications. Publication date October 4, 2006

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EBSA Proposes Rule on Default Investments for Automatic Enrollment in 401(k) Plans

The Labor Department's Employee Benefits Security Administration Sept. 26 released its first major proposed regulation to implement provisions of the Pension Protection Act (Pub. L. No. 109-280)--rules that would make it easier for fiduciaries of tax code Section 401(k) plans and other participant-directed defined contribution plans to adopt automatic enrollment and default investment plan design features. Publication date September 28, 2006

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Practitioners Discuss Complying With PPA; Recordkeeping, Fiduciary Requirements Key

Practitioners at a District of Columbia Bar Association meeting Sept. 26 discussed recordkeeping and fiduciary changes that will result from the Pension Protection Act. Publication date September 28, 2006

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Practitioners Seek Guidance on PPA in Lieu of Technical Corrections Bill

During a Sept. 21 teleconference discussing defined contribution provisions in the Pension Protection Act, practitioners said that time is running out for all but a post-election technical corrections bill and suggested that clarification of some anomalies in the bill might be mitigated with interim guidance. Publication date September 25, 2006

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PBGC's Priorities Include Missing Participants and Interest on Overpayment of Premiums

The Pension Benefit Guaranty Corporation will issue regulations on the expanded missing participants program and on paying interest on premium overpayment refunds, Vincent K. Snowbarger, acting PBGC director, told BNA Sept. 19. Publication date September 22, 2006

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Guidance Due on Hybrid Plan Conversions to Ease Determination Letter Moratorium

Internal Revenue Service and Treasury officials are taking a two-pronged approach for implementing the Pension Protection Act's clarification on hybrid plans, and releasing certain hybrid plans that have lingered in the determination letter program, according to comments a Treasury official made during a Sept. 14 American Bar Association webcast. Publication date September 20, 2006

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Practitioner Cites 'Incredible Typo' in Provision of Pension Protection Act

A practitioner pointed out what she called “an incredible typo” in a provision of Section 420 of the Pension Protection Act, relating to the transfer of excess pension assets, during a tax and accounting audioconference sponsored by BNA Sept. 12. Publication date September 14, 2006

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Technical Corrections Pension Bill May Not Get Done This Year, Staff Says

A technical corrections bill to the Pension Protection Act of 2006 may not get done this year, Judy A. Miller, minority pension staff member with the Senate Finance Committee, said Sept. 12, speaking on her own behalf, Publication date September 14, 2006

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Guidance Provided for PPA Airline Relief Instructs on Alternative Funding Schedules

The Internal Revenue Service Sept. 14 outlined in Announcement 2006-70 procedures for electing alternative funding schedules for employer plans sponsored by either commercial airlines, or businesses that provide catering services to airlines. Publication date September 18, 2006

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Best Bet for Technical Correction Likely to Be During Lame Duck Session

Speaking on his own behalf at a Sept. 9 panel on retirement policy, John O'Neill, a tax counsel on the Senate Finance Committee, predicted that any technical correction legislation for provisions enacted in the Pension Protection Act is more likely if Congress returns for a lame duck session after the November midterm elections. Publication date September 13, 2006

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IRS, Treasury Officials Continue Guidance While Adding in PPA Regulations to Plan

Enactment of the Pension Protection Act no doubt will add a lot more items to the 18 that officials are committed to completing from the Internal Revenue Service Employee Plan Division's guidance plan, Martin L. Pippins, IRS manager of technical guidance and quality assurance, said Sept. 9. Publication date September 13, 2006

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Speakers Discuss PPA's Impact on Tax-Exempt, Governmental Plans

Speakers at an American Law Institute and American Bar Association conference briefed practitioners Sept. 8 on the impact that provisions enacted in the Pension Protection Act will have on tax-exempt and governmental plans. Publication date September 12, 2006

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BNA Sponsoring Sept. 12 PPA Audioconference

BNA's Tax Management is sponsoring a teleconference on the Pension Protection Act Sept. 12 from 12:30 p.m. to 2 p.m. EST. Publication date September 7, 2006

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Agency Issues Technical Updates, Reporting Deadline Relief Related to PPA

The Pension Benefit Guaranty Corporation issued Aug. 31 Technical Update 06-3, which explains how to determine whether a 2006 Participant Notice is required under Employee Retirement Income Security Act Section 4011, taking into account the provisions of the Pension Protection Act of 2006, and the information required to be disclosed in a 2006 participant notice. Publication date September 6, 2006

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Guidance Due for Funding Relief for Bankrupt Airlines Coming Shortly

Guidance is due “very shortly” on how eligible sponsors should file for special funding relief for the employee plans of commercial airlines, which was enacted under the Pension Protection Act, an Internal Revenue official said Aug. 30. Publication date September 1, 2006

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DuPont Shift to Defined Contribution Plan Consistent With Trends

The DuPont Company's recent announcement that it is shifting retirement benefits toward defined contribution pension plans is consistent with current employer-provided pension plan trends, which will be accelerated by the new Pension Protection Act, practitioners told BNA Aug. 30. Publication date September 1, 2006

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PPA May Help Multiemployer Plan Funding Positions, Segal Says

The Pension Protection Act may help improve the funded position of multiemployer pension plans, whose average withdrawal liability funded ratios have declined steadily in recent years, the Segal Co. told BNA Aug. 28. Publication date August 30, 2006

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PPA, Recent Court Ruling, Doom Age-Bias Suits, Practitioners Say

The newly enacted pension law in combination with a recent ruling from a federal appeals court on hybrid pension plans has all but eliminated plaintiffs' ability to prevail in age discrimination lawsuits when their employers change their defined benefit pension plans, according to pension professionals and advocates interviewed by BNA. Publication date August 30, 2006

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PPA COLI Provisions Could Reduce Policies Issued, Firm Says

Provisions on corporate-owned life insurance (COLI) policies included in the Pension Protection Act of 2006 (Pub. L. No. 109-280) are not unduly onerous, although they could reduce the number of policies issued because of new restrictions on who can be insured, attorneys from the Atlanta law firm of Alston & Bird said in an Aug. 24 advisory. Publication date August 30, 2006

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PPA Promises New Rules to Clarify QDRO Status, Timing

The Pension Protection Act of 2006 promises needed guidance as to how to treat a qualified domestic relations order when a subsequent QDRO modifies it. Publication date August 29, 2006

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Plan Participation Rate Remains Flat, Though PPA May Raise It

While research confirms that private pension plan participation has remained flat since at least 1991, the recently enacted Pension Protection Act's automatic enrollment provision may help increase participation, Geoffrey Sanzenbacher of the Center for Retirement Research (CRR) at Boston College, told BNA Aug. 23. Publication date August 24, 2006

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IRS Provides Guidance on Modifications to Funding Calculations

The Internal Revenue Service Aug. 18, in Notice 2006-75, provided composite corporate bond rates necessary for computing pension plan funding requirements under the newly enacted Pension Protection Act of 2006 (Pub. L. No. 109-280). Publication date August 24, 2006

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PPA Tightens Executive Pay Funding Rules, Affects Rabbi Trusts

The newly enacted Pension Protection Act of 2006 raises questions on how the term “at risk” applies to restrictions on funding nonqualified deferred compensation plans, with the result that employers may have to review and amend their rabbi trusts to protect against inadvertent noncompliance, attorneys told BNA. Publication date August 24, 2006

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PPA Requires Plans to Provide More Funding, Benefits Disclosure

The Pension Protection Act of 2006 (H.R. 4), signed by President Bush Aug. 17, added an array of new notices and other forms of disclosure that will increase the amount of information pension plan participants receive about their plans. Publication date August 24, 2006

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PPA Has Incentives for Annuities, Long-Term Care Insurance

The Pension Protection Act of 2006 (H.R. 4), signed into law on Aug. 17, will help make long-term care insurance more attractive to consumers and will make annuities available to more retirees in the future, according to the American Council of Life Insurers. Publication date August 24, 2006

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PPA Provides Financial Protections to Same-Sex Couples

The Human Rights Campaign said Aug. 17 that the Pension Protection Act of 2006 provides two important financial protections to same-sex couples and other Americans who leave their retirement savings to nonspouse beneficiaries. Publication date August 24, 2006

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President Bush Signs Pension Protection Act

President Bush Aug. 17 signed into law the Pension Protection Act (H.R. 4), proclaiming it “the most sweeping reform of America's pension laws in over 30 years.” Publication date August 18, 2006

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PPA Targets Executive Pay Practices

Executive compensation practices are addressed in two sections of the Pension Protection Act of 2006. Section 116 of the act amends tax code Section 409A to restrict funding of nonqualified deferred compensation trusts and other arrangements by employers that maintain “at risk” single employer defined benefit pension plans. Publication date August 18, 2006

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PPA Endorses IRS's EPCRS Program

In addition to its more sweeping changes to employee benefit plan funding, investment, and qualification rules, the Pension Protection Act of 2006 is also notable for containing the first legislative endorsement of the Internal Revenue Service's voluntary compliance program, the Employee Plans Compliance Resolution System. Publication date August 18, 2006

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Practitioners Emphasize PPA Provisions on PBGC Small Plan Premiums

Practitioners told BNA Aug. 17, the day the president signed the Pension Protection Act, that they agreed about the need to carefully read the provision of PPA that concerns the Pension Benefit Guaranty Corporation's premiums for small plans. Publication date August 18, 2006

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PPA Investment Advice Provisions Offer Challenges, Experts Say

The investment advice provisions of the Pension Protection Act of 2006, which President Bush signed Aug. 17, offer a safe harbor for employers who are concerned about fiduciary liability by allowing third-party investment advisers to provide advice to plan participants, David Certner, legislative policy director for AARP, told BNA Aug. 17. Publication date August 18, 2006

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Defined Contribution Plans Expected to Adopt Automatic Enrollment

Defined contribution plan sponsors will adopt the automatic enrollment provisions of the Pension Protection Act (H.R. 4) for their plans, organizations that represent employers with over 100 million pension plan participants told BNA Aug. 16. Publication date August 18, 2006

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CBO Lowers Expected PBGC Premiums Estimates Under PPA

Using newly obtained information, the Congressional Budget Office on Aug. 16 estimated that the amount of termination premiums collected by the Pension Benefit Guaranty Corporation and savings from legislative reforms will be less under H.R. 4 during the periods 2007 to 2016 than previously predicted. Publication date August 18, 2006

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PPA Creates Diversification Rights for Plans With Employer Stock

Participants in certain defined contribution plans will have greater diversification rights under the Pension Protection Act of 2006 (H.R. 4) with respect to money they invest in employer stock, so long as the stock is publicly-traded. Publication date August 18, 2006

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Cross Trades Statutory Exemption Is 'Straightforward,' Official Says

The statutory exemption in the Pension Protection Act (H.R. 4) for cross trades in securities between pension plans governed by the Employee Retirement Income Security Act is “pretty straightforward,” a Labor Department official said Aug. 11. Publication date August 18, 2006

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DOL 'Up to the Task' of Meeting PPA Requirements, Official Says

The Department of Labor's Employee Benefits Security Administration is “up to the task” of meeting the requirements of the Pension Protection Act (H.R. 4), Bradford Campbell, deputy assistant secretary for policy at EBSA, said Aug. 10. Publication date August 18, 2006

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