Section 436 Sample Amendments

[ERISA-Bubs]

My understanding is that the IRS has indicated that it will has yet to issue sample amendments regarding the Code section 436 limitations. However, I do not believe these have been issued (I can't find them).

I anyone still expecting these to be issued? Has there been any indication as to when they might be issued? Or is everyone just drafting their own amendments, rather than wait for the IRS?

Thanks.

[My 2 cents]

Didn't calendar year plans have to adopt something by the end of 2009?

[ERISA-Bubs]

Originally, yes. But the date for making amendments was delayed a year. I think largely because IRS hadn't released a sample amendment yet.

[My 2 cents]

Our recollection was that the IRS Notice only granted an extension on some of the mandatory interim changes, so we pushed on with our kitchen sink interim amendments without regard to the Notice.

We are not aware of any movement by the IRS to issue any sort of model language, especially for an interim amendment, and the Notice itself does not seem to mention anything about model language (or lack thereof) as a reason for the extension. Be prepared to complete the process on your own. Whoever handles your document work ought to have something for this purpose.