IRS 2012 Cumulative List
- Final Regulations on Suspension or Reduction of Safe Harbor Contributions under Cash or Deferred Arrangements
- Pension Plan Limitations for 2014
When Is It Too Late? The Supreme Court Will Hear Case on Statute of Limitations Contained in Employee Benefit Plan
- BENEFIT IMPLICATIONS OF FEDERAL RECOGNITION OF SAME-SEX MARRIAGE
- IRS Issues New Retirement Plan Correction Program
- Roth Conversions after the Fiscal Cliff
- IRS Eases Hardship Distribution and Loan Rules for Victims of Hurricane Sandy
- New California Law Could Require Private Employers to Provide Access to State-Run Defined Contribution Plan
- Pension Plan Limitations for 2013
- TO CONSIDER OR NOT TO CONSIDER — Equitable Defenses in an Action for Equitable Relief under ERISA: Supreme Court to Decide
- Participant Fee Disclosure Rules as Applied to Brokerage Windows
- Successor Withdrawal Liability — an "Unsuccessful" Outcome for Asset Purchasers
- IRS 2011 Cumulative List
- Finally, a Final Regulation on Providing Investment Advice
- Pension Plan Limitations for 2012
- "For The World is Hollow and I Have Touched The Sky" — Brown v. Continental Airlines, Inc.: Have We Reached the Boundary of Fiduciary Responsibility?
- George v. Kraft Foods Global, Inc.: The Seventh Circuit Court of Appeals Rocks the Boat Regarding Common Plan Fiduciary Practices
- Prepare to Comply with the DOL's Disclosure Regulation for Participant-Directed Individual Account Plans
- Financial Crimes Enforcement Network Issues Final Regulations on Foreign Financial Reporting
- IRS Revenue Ruling 2011-7 Provides Guidance Regarding 403(b) Plan Terminations
- Cash Balance and Other Hybrid DB Plans Are Here To Stay
- IRS Issues 2010 Cumulative List
- New Law Permits Conversion of Pre-Tax and Other Accounts to Designated Roth Account within 401(k), 403(b) and Governmental 457(b) Plans
- Pension Plan Limitations for 2011
- Funding Relief for Multi-Employer Pension Plans
- Funding Relief for Single Employer Pension Plans
- Proposed Regulations on Foreign Financial Reporting, and What They Mean for Employee Benefit Plans and Fiduciaries
- WHITE PAPER: A Guide to Retirement Plan Fees & Expenses
- Eighth Circuit Reinstates 401(k) Plan Fee Lawsuit Against Wal‑Mart
- IRS Issues 2009 Cumulative List
- IRS Issues Final Regulations under Code Section 436
- Pension Plan Limitations for 2010
- Recent IRS Guidance Addresses Contribution of Unused Paid Time Off, Automatic Enrollment and Tax Notices
- Supreme Court Holds that Pension Plan May Apply a Benefit Formula That Treats Pre-Pregnancy Disability Act Pregnancy Leave Less Favorably Than Other Medical Leave
- IRS Issues Guidance on Suspension of Safe Harbor Nonelective Contributions
- Treasury Department Issues Final Regulations on Automatic Enrollment Plans
- Kennedy v. DuPont: The Supreme Court Makes Life a Little Easier for Plan Administrators
- IRS Issues 2008 Cumulative List
- Pension Plan Limitations for 2009
- Heroes Earning Assistance and Relief Tax Act Adds Benefits for Those in Military Service
- Benefits Quiz
- IRS Issues Guidance for New Distribution Requirements that Become Effective in 2008
- Supreme Court Rules Defined Contribution Plan Participants Can Sue for Losses to Their Individual Accounts
- New Multiemployer Plan Disclosure Requirements — ERISA Section 101(k)
- IRS Issues 2007 Cumulative List
- IRS Proposes Regulations Regarding Automatic Contribution Arrangements
- Final Section 403(b) Regulations: What Plan Sponsors Need to Know
- Pension Plan Limitations for 2008
- IRS Issues Final Regulations Affecting Section 403(b) Plans Covering Employees of Tax-Exempt Organizations, Public Schools and Churches
- IRS Updates Procedures for Opinion, Advisory and Determination Letter Applications
- Treasury Department Issues Final Regulations under Code Section 415
- 2007 Final Roth 401(k) Regulations: The Latest Chapter
- Contacting Missing Plan Participants — Practical Considerations
- Public Safety Employees and the Pension Protection Act of 2006
- DOL Issues Interim Final Rule Relating to the Time and Order of Domestic Relations Orders
- Guidance Issued on Deduction of Contributions to Defined Benefit Plans
- IRS Issues Distribution Guidance in Notice 2007–7
- IRS Issues Transitional Guidance Regarding Divestiture Rights and A Model Notice
- Cash Balance Plans — A Clearer Future?
- New Notices and Disclosures for Plan Sponsors under the PPA
- Pension Plan Limitations for 2007
- IRS Finalizes Anti-Cutback
Regulations: Heinz and Utilization Test Included
- Internal Revenue Service Updates and Expands the Employee Plans Compliance Resolution System
- The Internal Revenue Service Issues a Second Set of Final Regulations Regarding the Disclosure of Relative Values of Optional Forms of Benefit
- The Book on the Roth 401(k) and 403(b) and Why Your Business or Organization Must Have One (maybe)
- The Internal Revenue Service Releases 2005 Cumulative List of Changes
- Two Recent Court Decisions Remind Plans to Exercise Caution in Handling Contested Benefit Claims
- Pension Plan Limitations for 2006
- Relative Value Information Required to Be Included in Certain QJSA Explanations As Early As November 3, 2005
- Treasury Department Issues Proposed Section 415 Regulations
- IRS Issues Proposed Roth 401(k) Regulations
- Revenue Procedure 2005–23 — Internal Revenue Service Guidance for Implementing Heinz Decision
- Use of an Administrative Committee to Address Fiduciary Obligations of a Retirement Plan Sponsor
- 401(k) and 401(m): IRS Issues Final Regulations
- Proposed and Temporary Section 403(b) Regulations of Interest to Tax-Exempt Employers
- Missing Participants
- The American Jobs Creation Act of 2004: Employee Benefits Related Issues
- The Automatic Rollover of Mandatory Cash-Outs: The Department of Labor's Safe Harbor Final Regulations
- Pension Plan Limitations for 2005
- IRS Issues Final 401(a)(9) Minimum Distribution Regulations
- PBGC Announces New Participant Notice Voluntary Correction Program
- Unanimous Supreme Court Decision Determines That Post-Retirement Plan Amendment Violates ERISA's Anti-Cutback Rule
- DOL Addresses Modifications Made to Pre-Existing QDROs
- New Requirement for Automatic Rollovers of Small Cash-Outs from Qualified Plans: The Proposed Regulations
- Revenue Procedure 200425 Extends Remedial Amendment Period Only for Certain Specified Disqualifying Provisions
- IRS Issues Updated Procedures for Waiver of Minimum Funding Standards
- IRS Issues Guidance Clarifying Allocation of Plan Expenses to Inactive Participants
- New Legislation Clarifies Rule on Plan Loans to Servicemembers
- Proposed 401(k) Regulations Include Interesting ESOP Change
- Pension Plan Limitations for 2004
- Recent Court Cases on Cash Balance Plans
- Internal Revenue Service Simplifies and Streamlines the Employee Plans Compliance Resolution System
The Internal Revenue Service (the "Service") recently released Notice 2012–76, which contains the 2012 Cumulative List of Changes in Plan Qualification Requirements (the "2012 Cumulative List") described in Section 4 of Revenue Procedure 2007–44. The 2012 Cumulative List is to be used by plan sponsors and practitioners submitting determination letter applications for plans during the period beginning February 1, 2013 and ending January 31, 2014.
The 2012 Cumulative List applies primarily to the plan sponsors of individually–designed defined contribution plans (including ESOPs) and single employer individually–designed defined benefit plans that are in Cycle C, as well as governmental plans (including governmental multiemployer or multiple employer plans) that choose to file during Cycle C. Generally, an individually–designed plan is in Cycle C if the last digit of the plan sponsorís employer identification number ("EIN") ends in either 3 or 8.
The 2012 Cumulative List also applies to sponsors of defined benefit pre–approved plans (i.e., master and prototype ("M&P") or volume submitter ("VS") plans) for the second submission under the remedial amendment cycle set forth in Revenue Procedure 2007–44.
The 2012 Cumulative List informs plan sponsors of areas the Service has specifically identified for review in determining whether a plan filing in Cycle C has been properly updated. The 2012 Cumulative List specifically addresses law changes under the Pension Protection Act of 2006 ("PPA ’06"); the U.S. Troop Readiness, Veteranís Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007; the Heroes Earnings Assistance and Relief Tax Act of 2008 ("HEART Act"); the Worker, Retiree, and Employer Recovery Act of 2008 ("WRERA"); the Small Business Jobs Act of 2010 ("SBJA"); the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 ("PRA 2010"); and the Moving Ahead for Progress in the 21st Century Act ("MAP-21").
In this review cycle, the Service said that it will not consider any of the following:
Terminating plans must include all law changes in effect at the time of termination.
The 2012 Cumulative List includes those plan qualification requirements included in the 2008, 2009, 2010 and 2011 Cumulative Lists, as well as additional 2012 plan qualification requirements. It also includes those plan qualification requirements listed in the 2007 Cumulative List that are applicable to defined benefit pre–approved plans. The cumulative lists in effect prior to these dates (i.e., 2004 through 2006 and 2007 (with respect to defined contribution plans)) have been deleted. The utility of the cumulative list was enhanced by removing items that would have been previously reviewed in the case of a plan that was submitted during the initial Cycle C submission period (February 1, 2008 – January 31, 2009). In the case of a plan that has not been previously reviewed for items on earlier cumulative lists, the items from the earlier cumulative lists must be taken into account (such as in the case of a new plan that was established after the Cycle C submission period).
The 2012 Cumulative List includes the following "new" plan qualification requirements listed by section of the Code. All references are to the Code and Treasury Regulations unless otherwise specified.
401(a) 411(a) 411(a)(13) 411(b)(5) 411(d)(6) 415 417 420 436 If you have any questions regarding these provisions or your need to update your plan(s), please contact the Trucker Huss attorney with whom you regularly work.
Copyright © Trucker Huss. All rights reserved. This article is published as an information source for our clients and colleagues. The article is current as of the date shown above, is general in nature and is not the substitute for legal advice or opinion in a particular case. In response to new IRS rules of practice, we inform you that any federal tax information contained in this writing cannot be used for the purpose of avoiding tax–related penalties or promoting, marketing or recommending to another party any tax–related matters in this writing.
411(a) 411(a)(13) 411(b)(5) 411(d)(6) 415 417 420 436 If you have any questions regarding these provisions or your need to update your plan(s), please contact the Trucker Huss attorney with whom you regularly work.
411(a)(13) 411(b)(5) 411(d)(6) 415 417 420 436 If you have any questions regarding these provisions or your need to update your plan(s), please contact the Trucker Huss attorney with whom you regularly work.