Lois Baker

ASPPA has apparently been in touch with IRS to find a resolution -- see this November 7 article Their suggestion, pending further advice from IRS, is a(nother) response with a reference to the September 1 issue of IRS Employee Plans News. They also provide a contact at ASPPA who may be able to help.

Scheduled publication date is November 3, 2023 -- which would put the close of the 60-day comment period at January 2, 2024. Links to Federal Register: Proposed regs Proposed amendments to PTE 2020-02 Proposed amendments to PTE 84-24 Proposed amendments to PTEs 75-1, 77-4, 80-83, 83-1

Scheduled for publication in the October 20 Federal Register: https://www.federalregister.gov/public-inspection/2023-23267/mortality-tables-for-determining-present-value-under-defined-benefit-pension-plans

You might find something useful in the BenefitsLink Events database Strafford and Lorman are other possibilities.

For reference, here's a link to the form: https://www.irs.gov/pub/irs-pdf/f2678.pdf

New name is Inspira Financial. Website as of now is still at mtrustcompany.com

Update from ASPPA today: https://www.napa-net.org/news-info/daily-news/irs-clarifies-erroneous-late-filing-notices-received-plan-sponsors-advisors

Duplicate post - see

Good question, George -- I haven't seen one; my guess is that the DOL update is in the queue with all the other SECURE 2.0 regs. Maybe post that question as a separate topic here, and see if anyone else has found it?

Some web browsers struggle with some fillable PDF forms. Did you try right-click and download to your computer, then open in Adobe Reader? Alternatively, try this link -- apparently IRS has the form posted in a couple of different places.

Could they be waiting for Congressional action via technical corrections? The problem is in large part statutory at this point, no?

IRS Regulatory agenda has proposed regs scheduled for December, 2023. Which, of course, doesn't preclude the possibility of additional (sub-regulatory) guidance between now and then.

This might be a starting point: https://www.irs.gov/retirement-plans/issue-snapshot-457b-plans-correction-of-excess-deferrals

Recent IRS PLR may be helpful for your last question (key employee past plan's retirement age, but still an active participant). Also a summary article from Groom..

Another resource might be MyStockOptions.com

These may help: https://www.employeebenefitslawblog.com/money-thats-what-i-want-expanded-pension-plan-startup-cost-credit/ https://www.schneiderdowns.com/our-thoughts-on/secure-2-act-section-102-summary https://www.thebenefitofbenefits.com/2023/01/secure-2-0-provisions-encouraging-employers-to-adopt-a-plan/

More today: https://www.planadviser.com/secure-2-0-error-threatens-catch-contributions-meaning-clear/

There are some resources cited in this thread that might get close to that:

Here's a 20-page chart from Seyfarth Shaw that includes effective dates and whether a plan amendment is required. And a 10-page "Pocket Guide", organized by effective date, from Proskauer.

Here are a couple of articles that might provide starting points: SECURE 2.0 in 2023 and beyond (Eversheds Sutherland) Secure 2.0 Highlights for Retirement Plan Sponsors (Ice Miller) (Caveat: I haven't done any research to determine whether those lists are exhaustive.)

Does the S-corp have enough cash to increase his W-2 via year-end "bonus"? (That may raise other tax issues ... but it would allow a higher contribution.)

Before December of 2009, IRS deactivated any EIN that had been inactive for "some period of time". (See this archived IRS page.) IRS does describe a process for "reactivation" -- which might at least tell you whether they ever applied for one -- but in addition to the hassle, I do vaguely recall reports that long-deactivated IDs may have been recycled/reused. The PDF Form SS-4 doesn't appear to include the 25-year restriction; fax submission supposedly gets an ID assigned within 4 days. (See How to Apply)

Similar issues reported here:

Ran across this article just this morning; it may or may not be helpful: https://www.employeebenefitslawblog.com/you-cant-touch-that-permitting-cashouts-of-pto-may-create-tax-traps-for-employees-and-employers/

No worries -- I'm just relieved to know we didn't miss something that significant. 🙂