The current issue includes: An overview of the recent IRS guidance on the Heroes Earnings Assistance and Relief Tax Act of 2008 (HEART Act); An article that addresses the exception to the 10% early withdrawal penalty for an individual who severs from service in the year he or she attains age 55 or thereafter; A discussion of the blackout period and the blackout notice rules. (The Department of Labor has recently been auditing for compliance in this area.) Our Recent Developments section presents information on the late deposit of deferrals under the Department of Labor Voluntary Fiduciary Compliance Program as well as an overview of the Employee Benefit Security Administration fiscal results for 2009.

The current issue includes a discussion about the U.S. Department of Labor’s (DOL’s) final regulations establishing a 7-day safe harbor for the deposit of elective deferrals and loan repayments for small employer retirement plans, an article about the timeframe for providing the safe harbor 401(k) notice for a new plan or for a new participant in an existing plan, the successor plan rules that need to be understood if an employer is considering termination of a 401(k) plan, as well as information about 403(b) plans, Form 5500 and EFAST2.

This issue brings an introduction to the controlled group rules. These rules are key to compliance with the coverage and nondiscrimination rules. A controlled group is considered a single employer for qualified plan purposes. Thus, it is important to understand these rules. Our second article poses an interesting scenario, may a participant roll over traditional IRA funds into a 401(k) plan to delay his or her required beginning date for starting required minimum distributions. You’ll have to read the article to find out the answer. The third article covers the basics of the intricate issue of Actual Deferral Percentage (ADP) testing. Our recent developments covers PBGC premium increase, the summary prospectus and ERISA section 404(c) and the Plan Amendment Deadlines extended.

This issue’s topics include: a preview of the many changes to retirement plans occurring in 2010; the cost-of-living adjustments for retirement plans for 2010; a discussion about plan expenses and cost cutting; a developments section, covering EFAST2, automatic enrollment guidance, the final regulations for defined benefit plans and the expansion of Roth IRA conversion rules for 2010.

This issue brings a discussion of the plan document restatements and amendment deadlines as required by the Treasury and the IRS. The second article is an update of the nonspouse beneficiary rollover rules. As of 2010, they will be eligible rollover distributions. The third article covers the conversion of a Traditional IRA to a Roth IRA in 2010. These new rules eliminate the adjusted gross income requirement for this conversion. There is also an optional special tax treatment for conversions made in 2010. Our recent developments section covers 403(b) Form 5500 relief, the status of the investment advice at this time and the soon to end charitable donation from an IRA.

Ending a Nonelective Safe Harbor Contribution; A Cross-testing Primer; Amendment for Pension Plans with an NRA of 55 to 61; Plan Audit Questionnaires Available

Final Automatic Enrollment Regulations: QACA; Final Automatic Enrollment Regulations: EACA; Recent Developments

Supreme Court Rules in Divorced Beneficiary Case; Penalty for Failing to Disclose Documents; Stopping a Matching Contribution; Recent Developments

Interim Valuation of a Balance Forward Plan; Safe Harbor 401(k) Nonelective Contribution; Worker, Retiree, and Employer Recovery Act of 2008; Recent Developments

Qualified Retirement Plan Protection from Creditors; IRS and Social Security Cost-of-Living Adjustments; Back to Basics: Guidance on Missing Participants; Recent Developments

Safe Harbor 401(k) Plan Options for 2009; The HEART Act; Recent Developments

Post-Severance Compensation Revisited; Partial Rollover Rules; Back to Basics: Blackout Period Notice; Recent Developments

401(k) Supreme Court Case; EGTRRA Opinion Letters; Deadline for Depositing Deferrals; Recent Developments

ERISA Disclosure Requirements; Direct Rollover to a Roth IRA; QJSA Distributions: A Review; Recent Developments

Automatic Enrollment 2008; Stretch IRA and Other Options for Spouse Beneficiaries; Recent Developments

QDIA Final Regulations; IRS and Social Security Cost-of-Living Adjustments; 2008: A Year of Change

Safe Harbor 401(k) or QACA for 2008?; Charitable Donation IRAs; Missed RMD Payments

Final Roth Distribution Regulations; Final Roth Tracking Period and Reporting Rules

Changes to the Distribution Notice; Interim Final Guidance on QDROs; Final 415 Regulations

The Nonspouse Beneficiary Rollover Rules; "Fiduciary Advisers" Under PPA; Prohibited Transactions Exemption Rules for "Fiduciary Advisers"

PPA Changes for 2007; Plan Statement Guidance from the DOL; A Closer Look at Two PPA Changes

Current Automatic Enrollment Rules; IRA and Social Security Cost-of-Living Adjustments; New Automatic Enrollment Rules Starting in 2008

The Pension Protection Act of 2006; Form 5500 Update; PPA Disclosures and Notices

Highlights of the EPCRS Changes; Eligibility Rules Part I: Hours of Service; Eligibility Rules Part II: Elapsed Time

Federal Tax Withholding on Retirement Plan Distributions; A Review of Distribution Notices; The Medical Expense Hardship Distribution

Proposed Regulations for Roth 401(k) Distributions; Recap: Post-Severance Compensation; A New Definition of "Dependent"

Final Roth 401(k) Regulaitons Issued; Katrina Distributions Impact Plans Nationwide

Final 401(k) Regulations Effective in 2006; IRS and Social Security Cost-of-Living Adjustments; Roth 401(k) Basics