EGTRRA-Help!

[Guest or4770]

Started here on 12/1 and just found out about this. We have two individualized safe harbor 401(k) plans (one for union and one for non-union), one defined benefit plan and an excess benefit plan. I know about needing to amend the 401(k) plans and the DB plan for the auto rollover rules by 12/31/2005 (effective 3/28/2005) and the minimum required distribution rules (if applicable change) by 12/31/2005 - but I am perplexed on the 401(k) and (m) regs, the suspension of benefit regs, the 409A changes, as well as the last round of EGTRRA changes. Want to know if I am off base or if I have time to find counsel and work through these amendments.

Re 401(k) and (m): If I read RP 2005-95 (pulled it off of this outstanding web site) it looks like I have until the later of 12/31/2005 OR the end of the plan year in which the (m) and (m) regulations are implemented by the Plan. From what I can tell, they have not been implemented by either plan - so I think this means that I have until 12/31/2006 to amend for these regulations (b/c we will have to use them starting 1/1/2006, etc.).

Re EGTRRA, if I read RP 2005-66, it looks like I have until the end of the cyclical remedial amendment period to finish those amendments (at the earliest January 31, 2007 if we are a Cycle A plan) and submit for a determination letter by January 31, 2007 as well.

Re suspension of benefits (DBP plan): If I read RP 2005-76 correctly, I have until 12/31/2006 to do these amendments for implementation/administration on 1/1/2007.

Re the 409A changes, it is my understanding that the new proposed regs extended the Notice 2005-1 relief and because these are plans that are linked to plan that I have until 12/31/2006 to amend these arrangements.

Am I not hitting the mark(s) with this? Please help - a lot to have to handle my first few weeks on the job.