Lois Baker

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. 🙂

Both were also included in BenefitsLink newsletters this week: https://benefitslink.com/newsletters/2022/2022_10_25_retirement.html https://benefitslink.com/newsletters/2022/2022_10_26_retirement.html They're the first articles we've seen in quite a while that attempted an overall compilation and review of a large number of cases.

IRS Notice 2022-55, published at noon today (Friday, October 20) https://www.irs.gov/pub/irs-drop/n-22-55.pdf Effective January 1, 2023, the limitation on the annual benefit under a defined benefit plan under section 415(b)(1)(A) of the Code is increased from $245,000 to $265,000.... The limitation for defined contribution plans under section 415(c)(1)(A) is increased in 2023 from $61,000 to $66,000.... The limitation under section 402(g)(1) on the exclusion for elective deferrals described in section 402(g)(3) is increased from $20,500 to $22,500. The annual compensation limit under sections 401(a)(17), 404(l), 408(k)(3)(C), and 408(k)(6)(D)(ii) is increased from $305,000 to $330,000. The dollar limitation under section 416(i)(1)(A)(i) concerning the definition of “key employee” in a top-heavy plan is increased from $200,000 to $215,000.... The limitation used in the definition of “highly compensated employee” under section 414(q)(1)(B) is increased from $135,000 to $150,000. The dollar limitation under section 414(v)(2)(B)(i) for catch-up contributions to an applicable employer plan other than a plan described in section 401(k)(11) or section 408(p) for individuals aged 50 or over is increased from $6,500 to $7,500."

This 2018 discussion of the same question might be helpful.

87,000 new IRS agents ... (just sayin') 😀

Several more articles here. One author (at Verrill Dana) does point out that the extension is a double-edged sword: "[M]ost retirement plans have been operated in accordance with some or all of the required and optional provisions of these laws since 2020. Further delay in the adoption of formal plan amendments will simply compound the opportunity for errors ... [C]onfusion and uncertainty may result if a plan sponsor maintains a retirement plan in misalignment with disclosure materials for an extended period."

IRS has been busy (if a bit disorganized): Notice 2022-53 (issued Friday 10/7) provides transition relief/extended amendment deadline for 2021 and 2022 RMDs. Notice 2022-45 (issued September 26) provides extended amendment deadline for COVID distributions/loans (CARES/CAA) Notice 2022-33 (issued August 3) provides extended amendment deadline for other CARES/SECURE/Miners Act provisions

And you can also get those developments delivered to your inbox, every weekday.

Welcome! This page might provide a starting point. Some years ago, Groom Law Group maintained a list ... but I haven't seen an update in quite a while, probably due at least in part to the exponential growth in the number of cases. @Peter Gulia might have some ideas.

Here's the webcast recording: https://storage.googleapis.com/erisapediawebcastscert/2022-08-30/Web2022_08_30HOTDOG.mp4 And the slides: http://www.erisapedia.com/webcasts/getWebcastDetails?Action=getFile&File=SlideThreeFile&ID=115

Here's a link to those 2004 Q&As: https://benefitslink.com/news/index.cgi/view/20040722-029706

This PLR discusses the exclusive benefit question under a writ of garnishment following a criminal conviction -- not exactly your situation, but close: https://www.irs.gov/pub/irs-wd/0426027.pdf