IR-2009-94, Oct. 15, 2009 - The Internal Revenue Service announced cost-of-living adjustments applicable to dollar limitations for pension plans and
other items for tax year 2010.
Section 415 of the Internal Revenue Code provides for dollar limitations on benefits and contributions under qualified retirement plans. In addition,
section 415 requires the Commissioner to annually adjust these limits for cost-of-living increases. Other limitations applicable to deferred
compensation plans are also affected by these adjustments. The Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) reset many
of the statutory dollar amounts previously adjusted on an annual basis under section 415 of the Internal Revenue Code. Additionally, other new
limitation amounts were added by EGTRRA.

EP Examination Guidelines - Employee Stock Ownership Plans (ESOPs) published April, 2006

The Employee Plans Examination Guidelines provide guidance on specific technical topics of particular interest relating to qualified retirement plans. These guidelines are for reference and use by Employee Plans personnel.

Because of the diversity of conditions encountered during examinations, these guidelines are not devised to be all inclusive or restrictive. They are used as a guide and a reference by all Employee Plans examiners. Consequently, the techniques identified may be modified based on the actual examination issues encountered.

Given the purpose of these guidelines, they cannot be, nor are they intended to be, a precedential or comprehensive statement of the Service's legal position on the issues covered herein. They are not to be relied upon or cited as authority. These guidelines are being issued for the sole purpose of assisting the examiner in performing an examination of certain issues for which it was believed guidelines would be helpful. It is not expected that each issue in these guidelines will be relevant in every examination.

Copy of the powerpoint used by IRS speakers in the June 24, 2010 Phone Forum. The IRS has indicated that a transcript and video of the forum will be made available - but it is not yet posted to the IRS website. We will make a copy or link available when it is posted.

This memorandum, issued November 3, 2009, concludes that provisions in certain employee stock ownership plans which provide that a distribution of stock is subject to immediate, mandatory resale are consistent with Code section 409(h).

This memorandum, issued November 3, 2009, discusses plan language which defines “qualified participant” as set forth in Code section 401(a)(28)(B)(iii).

This memorandum, issued December 9, 2009, discusses the required timing and substance of amendments intended to comply with Code section 409(p).

This memorandum, issued February 23, 2010, discusses various qualification issues presented by plan provisions concerning the mandatory transfer of employer securities into and out of participant plan accounts.