The IRS has indicated that the Section 125 final regulations will come out in the early months of 2009, and will have an effective date of January 1, 2010.

What are employers doing now to comply with the existing proposed regulations? Are employers attempting to comply with the proposed nondiscrimination rules (even though they are not very clear in some parts)? Have employers already restated their cafeteria plan documents to comply with the proposed regulations?

We have a client who has nondiscrimination issues, and it would like to put off compliance until January 1, 2010. However, the client does not want to be the only one out there doing this.

I don't think your client would be the only one doing so.

Per the proposed regs, you can until finalized and become effective either continue on old guidance or on the proposed regs.

Have the Final 125 regs been issued yet? If not, does anybody have an idea when they will be issued? Thanks!

I think some time in 3025....

Final regs have been proposed since back in the 80's (maybe earlier), I wouldn't hold my breath.