Pension Protection Act Blog

The IRS has released the 2007 list of interim and discretionary amendments for 2007. The amendments contained in the list are based on the 2006 Cumulative List.
In Rev. Proc. 2005-66, the IRS created a 5-year remedial amendment cycle for restating plans and submitting them for determination letters. Within this structure, the IRS included […]

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In a Special Edition of Employee Plan News, dated August 2007 and released by the IRS on August 28, 2007, the IRS may have resolved at least some of the controversy over cross-testing plan allocations by placing individuals in their own classification group. The Special Edition states that the Retirement Plans FAQ on Pre-Approved […]

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I recently blogged about the FedEx Cup - a golf championship newly created by the PGA this year where players are awarded points throughout a defined 33-week period. At the end of that period, the 144 players with the most points will then play in a series of 4 tournaments. At the end […]

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This week in the Employee Benefits world:
Roy F. Harmon of the Health Plan Law discusses Contribution about ERISA Fiduciaries? - The Eighth Circuit Weighs in On the Issue.
Paul Secunda of the Workplace Prof Blog discusses a Summary of ERISA Case Law on Conflicts Between SPD and Plan Language.
Stephen Rosenberg of the Boston ERISA & Insurance […]

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The Sixth Circuit Court of Appeals this week, in Jensen v. Moore Wallace North America, included cash balance jail in their reasoning on why participants in Moore Wallance North’s cash balance plan were not entitled to the plan’s surplus. Jenson v. Moore Wallace North America, No. 06-4388, (6th Cir. Aug. 21, 2007). (hat tip […]

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In Revenue Ruling 2007-58, the IRS added 5 types of pension or retirement plans to the existing list of 9 types of plans list in Rev. Rul. 94-62, for a total of 14 types of qualified pension or retirement plans. The 5 new types of qualified plans, solely for purposes of section 1.817-5(f)(3)(iii), are […]

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This week in the Employee Benefits world:
Mark Cussen of the Nesteggr blog provides a short overview of nonqualified plans in Nonqualified Plan Can Meet Special Business Needs.
Roy F. Harmon of the Health Plan Law blog discusses a subrogation court decision involving a minor injured in a car accident in Wal-Mart Takes All in ERISA Reimbursement […]

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In a cautionary tale about how plan documents can be written too carefully, the 7th Circuit this week, in Williams v. Rohm and Haas Pension Plan, __ F.3d __ (S.D. Indiana) (Aug. 14, 2007), affirmed both the district court’s decision to grant of class certification, and to grant summary judgment, to the participant.
The participant was […]

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The IRS released their Priority Guidance Plan for 2008, which is always a good indication of what to expect from the IRS during the next year. As expected, most of the items on the list are derived from Pension Protection Act requirements. A few of the interesting items on the list are:

Regulations under […]

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This week in the Employee Benefits world:
Richard Bales of the Workplace Prof Blog provides a list of the top 5 Benefits/Compensation/Pension related papers downloaded from SSRN this week.
Roy F. Harmon of the Health Plan Law blog discusses a series of state law claims and ERISA pre-emption, including Fourth Circuit Holds Plaintiff Has Standing to Sue, […]

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