Pension Protection Act Blog

With the applicability dates for the Final 409A Regs looming, the IRS has released Notice 2007-100, which contains corrections to unintentional operational failures. The applicable words are “unintentional” and “operational”. Notice 2007-100 is clear that these corrections are not available for intentional failures, and they are not available for plan document failures.
Notice 2007-100 […]

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Trends come and go in writing plan documents. The hottest trend over the last year, especially for non-qualified deferred compensation plans, has been to include a savings clause when writing plan documents or amendments. David E. Morse, of K & L Gates, in a great summary of the Final 409A Regs, describes savings […]

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In unequivocal terms today, the IRS extended the deadline to comply with the new Final 409A Regulations from December 31, 2007, to December 31, 2008, for most provisions of these regulations.
In Notice 2007-86, the IRS states that the transition relief scheduled to expire on December 31, 2007, is extended to December 31, 2008. […]

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Georgetown Law is offering a course in Spring 2008 on the Law of ‘24″. The course description states:
The award winning Fox Television drama series 24 explores America’s fictional response to international terrorism through the eyes of Jack Bauer, a U.S. counter-terrorism agent. Oftentimes without remorse or regard for the law, Agent Bauer is willing […]

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A few weeks ago, 92 prominent law firms sent a letter to the IRS requesting that the IRS extend the deadline to comply with the new Final 409A Regulations. The firms requested that the deadline of December 31, 2007, be extended to December 31, 2008. (hat tip to the law firm of White […]

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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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The PGA seems to have wandered into the pension universe with the FedEx Cup, a deferred-compensation-plan-slash-golf-championship where participants are publically awarded allocation points based on how well they finish in golf tournaments. The number of allocation points determines a participant/player’s share of the $35 million FedEx Cup deferred compensation award. It is the […]

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With the release of the Final 409A Regs, the Tribune ESOP deal couldn’t happen at a more interesting time for the ERISA academics among us. Today, Allan Sloan devotes his column in the Washington Post to a summary of the Tribune ESOP deal, which includes the Tribune changing from a C-Corp to an S-Corp […]

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Organizing this first Carnival has been very interesting. Here is this week’s link post for a little light Friday reading - Enjoy!
Brian King presents State Universal Healthcare Coverage Initiatives Will Survive ERISA Preemption posted at Brian King’s ERISA Blog.
Susan Mangiero presents the Pension Risk Management Tipping Point posted at Pension Risk Matters.
Prof. Paul Caron […]

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When the Final 409A Regulations came out earlier this month, I did a quick read of them, and then put them aside. I planned on getting around to thoroughly reviewing them at some point this summer. Because I concentrate on qualified plans, I wanted to dig into the Final 415 Regs first. […]

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