Pension Protection Act

Official Guidance

Employee Benefit Security Administration, Department of Labor:

• Investment Advice-Participants and Beneficiaries (PDF) Withdrawal of Final Rule, Federal Register vol74 no 223, November 20, 2009
• Investment Advice-Participants and Beneficiaries (PDF) Final rule; delay of effective date and applicability date, Federal Register vol74 no 220, November 17, 2009
• Investment Advice--Participants and Beneficiaries: (PDF) Final rule; delay of effective date and applicability date, Federal Register vol 74 no 53, March 20, 2009
• Defined Benefit Plan Annual Funding Notice (PDF) (HTML)
  Field Assistance Bulletin 2009-01, February 10, 2009
• Investment Advice--Participants and Beneficiaries: (PDF) Notice of proposed extension of effective date and applicability date; request for public comments on legal and policy questions relating to the final rule.
  Federal Register vol 74 no 22, February 4, 2009
• Investment Advice--Participants and Beneficiaries; Final Rule (PDF) Federal Register vol 74 no 12, January 21, 2009
• Civil Penalties Under ERISA Section 502(c)(4): Final Rule(PDF) Federal Register vol74 no 1, January 2, 2009
• Selection of Annuity Providers--Safe Harbor for Individual Account Plans (PDF)
  Final Rule, Federal Register vol 73 no 195, October 7, 2008
• Statutory Exemption for Cross-Trading of Securities (PDF),  Final Rule
  Federal Register vol 73 no 195, October 7, 2008
• Adoption of Amendment to Prohibited Transaction Exemption 2006-6 for Services Provided in Connection with the Termination of Individual Account Plans (PDF)
  Federal Register vol 73 no 195, October 7, 2008
• Amendments to Safe Harbor for Distributions From Terminated Individual Account Plans and Termination of Abandoned Individual Account Plans To Require Inherited Individual Retirement Plans for Missing Nonspouse Beneficiaries (PDF),
  Final Rule, Federal Register vol 73 no195, October 7, 2008
• Amendment to Interpretive Bulletin 95-1 (PDF), Final Rule, Federal Register vol 73 no 195, October 7, 2008
• Investment Advice - Participants and Beneficiaries, Proposed Rule (PDF) (HTML) Federal Register vol 73 no 164, August 22, 2008
• Proposed Class Exemption for the Provision of Investment Advice to Participants and Beneficiaries of Self-Directed Individual Account Plans and IRAs (PDF) (HTML) Federal Register vol 73 no 164, August 22, 2008
• Default Investment Alternatives Under Participant Directed Individual Account Plans, Correcting Amendments,Federal Register vol 73 no 84, April 30, 2008
• Regulation Relating To Qualified Default Investment Alternatives In Participant-Directed Individual Account, Fact Sheet
• Field Assistance Bulletin No.2008-03  Guidance Regarding Qualified Default Investment Alternatives, April 29, 2008
• Model Notice of Multiemployer Plans in Critical Status, Proposed Rule, Federal Register vol 73 no 58, March 25, 2008   (Model Notice in Word Format)
• Civil Penalties Under ERISA Section 502(c)4, Proposed Regulation, Federal Register vol 72 no 243, December 19, 2007
• Default Investment Alternative Under Participant Directed Individual Account Plans, Final Rule, Federal Register vol 72 no 205, October 24, 2007 
• Field Assistance Bulletin No. 2007-03 Periodic Pension Benefit Statements for Non-Participant Directed Individual Account Plans, October 12, 2007
• Multi-Employer Pension Plan Information Made Available on Request, Notice of Proposed Rulemaking, Federal Register vol 72 no 178, September 14, 2007
• Selection of Annuity Providers for Individual Account Plans: Proposed Rules, Federal Register, Vol.72 no.176, September 12, 2007
• Amendment to Interpretive Final Bulletin 95-1: Interim Final Rule (annuity providers), Federal Register, Vol.72 no.176, September 12, 2007
• Amendments to Civil Penalties Under ERISA Section 502(c): Direct Final Rule,Federal Register, Vol.72 no.154, August 10, 2007
• Interim Final Rule Relating to Time and Order of Issuance of Domestic Relations Orders, Federal Register, Vol.72 no.44, March 7, 2007
• Field Assistance Bulletin No.2007-02  ERISA Coverage of IRC § 403(b) Tax-Sheltered Annuity Programs, July 24, 2007
• Amendments to Safe Harbor for Distributions from Terminated Individual Account Plans and Termination of Abandoned Individual Account Plans To Require Inherited Individual Retirement Plans for Missing Nonspouse Beneficiaries, Final Rule, Federal Register vol 72 no 31, February 15, 2007
• Field Assistance Bulletin No.2007-01  Statutory Exemption for Investment Advice. Guidance to field investigators regarding the statutory exemption for investment advice. February 2, 2007
• Notice of Supplemental Proposed Form 5500 Revisions Federal Register, Vol.71 no.237, December 11, 2006. Schedules SB MB R
• Model Notice of Pending Election of Multiemployer Plans Status Federal Register. Vol.71 No.231, December 1, 2006 PDF MS Word
• Default Investment Alternatives Under Participant Directed Individual Account Plans; Proposed Rule
  Federal Register, Vol. 71, no. 171, September 27, 2006 (PDF) (HTML version)
• Proposed Regulation Relating To Default Investment Alternatives Under Participant Directed Individual Account Plans - Fact Sheet
• Field Assistance Bulletin No. 2006-03 on Periodic Pension Benefit Statements, December 20, 2006 - Interim guidance relating to individual benefit statements and notices of freedom to divest employer securities.
• See also the Employee Benefit Security Administration Pension Protection Act page

Internal Revenue Service:

• Measurement of Assets and Liabilities for Pension Funding Purposes; Benefit
  Restrictions for Underfunded Pension Plans; Final Rule, Federal Register vol 74 no 198, October 15, 2009 
• IRS Notice 2009-71: Special Rules Governing Eligible Combined Plans
• Revenue Procedure 2009-43: Revocation of Elections by Multiemployer Defined Benefit Pension Plans to Freeze Funded Status under section 204 of WRERA
• IRS Notice 2009-42: Extension of Date for Multiemployer Plans to Elect Relief under Sections 204 and 205 of WRERA, April 30, 2009
• IRS Notice 2009-31Election and Notice Procedures for Multiemployer Plans under Sections 204 and 205 of WRERA, March 27, 2009
• Automatic Contribution Arrangements, Final Regulations, Federal Register vol 74 no 35, February 24, 2009
• Revenue Procedure 2008-67 Procedure for Option of Amortization Period Extension for Multiemployer Pension Plans, November 12, 2008
• IRS Notice 2008-73  Transition Guidance for New Funding Rules and Funding-Related Benefit Limitations under PPA ‘06, September 22, 2008
• Mortality Tables for Determining Present Value (PDF)  Final Regulations
  Federal Register vol 73 no 148, July 31, 2008
• Accrual Rules for Defined Benefit Plans, Notice of Proposed Rulmaking, Federal Register, vol 73 no 118, June 18, 2008
• Determination of Minimum Required Pension Contributions:  Notice of Proposed Rulemaking and Notice of Public Hearing (PDF) Federal Register vol 73 no 73
  April 15, 2008
• IRS Notice 2008-30  Miscellaneous Pension Protection Act Changes, April 4, 2008
• IRS Notice 2008-29  Alternative Disability Mortality Tables – Continued Reliance on Revenue Ruling 96-7, March 24, 2008
• Transition Guidance for New Funding Rules and Funding Related Benefit Limitations Under PPA '06, Notice 2008-21, January 31, 2008
  (Notice 2008-21 announces that none of the proposed funding regulations will be effective before the first plan year beginning on or after January 1, 2009, although employers may rely on these regulations during 2008.  For plan years beginning before January 1, 2009, the notice provides that employers may generally rely on a reasonable interpretation of the funding rules in the statute and may rely on the proposed regulations for this purpose. The notice also provides transitional relief to small plans for purposes of applying the applicable benefit restrictions for underfunded pension plans for 2008.) 
• Diversification Requirement for Certain Defined Contribution Plans, Notice of Proposed Rulemaking, Federal Register vol 73 no.2 January 3, 2008
• Extension of Transitional Relief for Diversification Requirements for Certain Defined Contribution Plans, Notice 2008-7
• Election of Alternative Funding Schedule, Announcement 2008-2
• Pension Protection Act Guidance Sorted by Topic as of December 31, 2007
• Pension Protection Act Guidance Sorted by IRC/ERISA Section as of December 31, 2007
• Measurement of Assets and Liabilities for Pension funding Purposes, Notice of Proposed Rulemaking, Federal Register vol 72 no 249, December 31, 2007
• Hybrid Pension Plans, Notice of Proposed Rulemaking, Federal Register vol72 no 248, December 28, 2008
• Relief Related to Plan Amendment of Definition of Normal Retirement Age,Notice 2007-69
• Modification of Q&A 23 of Notice 2007-7, Notice 2007-99
• Sample Notice to Participants Regarding Automatic Enrollment/Automatic Contribution Arrangements, Employee Plans News, November 15, 2007
  (Sample Notice)
• Automatic Contribution Arrangements, Notice of Proposed Rulemaking, Federal Register vol72 no 216, November 8, 2007
• Benefit Restrictions for Underfunded Pension Plans, Notice of Proposed Rulemaking, Federal Register vol 72 no 169, August 31, 2007
• Revenue Procedure 2007-44:Qualification; Determination Letters: Staggered Remedial Amendment Periods, Internal Revenue Bulletin 2007-28, July 9, 2007, page 54.
• Mortality Tables for Determining Present Value: Notice of Proposed Rulemaking, Federal Register vol 72 No 102, May 29, 2007
• Revenue Procedure 2007-37: Funding; Substitute Mortality Tables; Non-Multiemployer Defined Benefit Plans, Internal Revenue Bulletin 2007-25, June 18, 2007, page 1433
• Distributions from a Pension Plan Upon Attainment of Normal Retirement Age:Final Regulations, Federal Register Vol.72 No.98, May 22, 2007
• Notice 2007-28  This notice addresses the modifications to the deduction rules under section 404(a)(1) for contributions to qualified defined benefit pension plans that are currently in effect as well as the deductibility of contributions to combinations of plans under section 404(a)(7) (both as a result of the enactment of section 801 and section 803 of the Pension Protection Act of 2006).
• Updated Mortality Tables for Determining Current Liability, Final Regulations, Federal Register Vol.72 No.22, February 2, 2007
• IRS Notice 2007-7 Miscellaneous Pension Protection Act Changes. This notice provides guidance, in the form of questions and answers with respect to eight different provisions of the PPA as enacted August 17, 2006 that are effective in 2007 or earlier.
• IRS Notice 2006-107 Diversification Requirements for Qualified Defined Contribution Plans Holding Publicly Traded Employer Securities, November 30, 2006.
• IRS Notice 2006-75 Weighted Average Interest Rate Modification
• Chart of PPA Provisions and Effective Dates
• See also the IRS Pension Protection Act page

Pension Benefit Guaranty Corporation :

• Disclosure of Termination Information(PDF) Final Rule, Federal Register
  vol 73 no 223, November 18, 2008
• Methods for Computing Withdrawal Liability; Reallocation
  Liability Upon Mass Withdrawal; Pension Protection Act of 2006 (PDF) Proposed Rule, Federal Register vol 73 no 54, March 19, 2008
• Annual Financial and Actuarial Information Reporting; Pension Protection Act of 2006 (PDF) Proposed Rule, Federal Register vol 73 no 34, February 20, 2008
• Technical Update 07-4: Present Value of the Maximum PBGC Guaranteed Benefit under IRC Section 436(d)(3)(A)(ii) and ERISA Section 206(g)(3)(C)(i)(II)
  December 17, 2007
• Disclosure of Termination Information (PDF) Proposed Rule, Federal Register
  vol 72 no 233, December 5, 2007
• Technical Update 07-3: Minimum Lump Sum Assumptions for Terminating Single-Employer Plans; Effect of Pension Protection Act of 2006, December 3, 2007
• Technical Update 07-2: Funding-Related Determinations for Reporting Under Parts 4010 and 4043; Effect of the Pension Protection Act of 2006; Transitional Guidance, November 28, 2007, Revised December 7, 2007,  corrected December 15, 2007
• Election of Multiemployer Plan Status: Notice, Federal Register Vol 72 No 140, July 23, 2007
• Premium Rates; Payment of Premiums; Variable Rate Premium; Pension Protection Act of 2006: Proposed Rule Federal Register vol 72 no 104 May 31, 2007
• Premium Rates; Payment of Premiums; Flat Premium Rates, Variable-Rate Premium Cap, and Termination Premium; Deficit Reduction Act of 2005; Pension Protection Act of 2006: Proposed Rule Federal Register vol 72 no 33 February 20, 2007
• Technical Update 07-1: Effect of Treasury Mortality Tables on PBGC Requirements, February 13, 2007
• Technical Update 06-4: Use of Corporate Bond Rate for Certain PBGC Purposes
  Augest 30, 2006, revised September 28, 2006 and January 25, 2007 
• Technical Update 06-3: 2006 Participant Notice
  August 30, 2006 

Congressional Activity

• Worker, Retiree, and Employer Recovery Act of 2008 (HR 7327) Public Law No. 110-458. To make technical corrections related to the Pension Protection Act of 2006, and for other purposes
• Technical Explanation of HR 7327, the Worker, Retiree, and Employer Recovery Act of 2008, as passed by the House on December 10, 2008, prepared by the Staff of the Joint Committee on Taxation, December 11, 2008 (43 pages)
• Technical Explanation of H.R. 4 [PDF], the “Pension Protection Act Of 2006,” as Passed By the House On July 28, 2006, and as Considered By the Senate on August 3, 2006, prepared by the Staff of the Joint Committee on Taxation, August 3, 2006 (386 pages)
• Public Law No.109-280(HR 4) [PDF] (393 pages)
• President Bush signed into law the Pension Protection Act of 2006 (HR 4) on August 17, 2006. [Congressional Research Service Summary]
• Hearings: Retirement Security: Strengthening Pension Protections, House Committee on Education and Labor, May 3, 2007. The purpose of this hearing was to review the various requested modifications to the Pension Protection Act (HR 4)

Other Sources

• Reminders for Qualified Retirement Plans of Imminent PPA '06, Segal, November 5, 2009
• Pension Plan Amendments Required to Reflect Section 436 Contingent Limitations on Benefits, Faegre & Benson, November 3, 2009
• PPA-Related Cash Balance Amendments Required by End of 2009, Hewitt Assoc., October 2009
• PPA DB funding – "medium" Term Implications of Asset and Interest Rate Volatility, J.P. Morgan, July 13, 2009
• IRS Provides WRERA Funding Relief Election Procedures, Prudential, May 2009
• Multiemployer Plan Funding Relief Guidance Issued, McDermott Will & Emery, April 16, 2009
• Worker, Retiree, and Employer Recovery Act of 2008 Provides Retirement Plan Relief, Pillsbury Winthrop Shaw Pittman, LLP, January 7. 2009
• Funding Relief for Single-Employer Pension Plans, Summary and Impact,
  Deloitte, January 2009
• Temporary Funding Relief for Multiemployer Plans, Milliman, January 2009
• Summary of Key Provisions of the Worker, Retiree, and Employer Recovery Act of 2008,Vanguard, January 2009
• Worker, Retiree, and Employer Recovery Act Provides Minimum Required Distribution and Pension Funding Relief, Sutherland, January 5, 2009
• The Worker, Retiree, and Employer Recovery Act of 2008 – Defined
  Contribution-Related Provisions, Transamerica, December 25, 2008
• Pension Relief for Businesses Awaits Bush's OK, Business Week, December 12, 2008
• Coming in 2009: The Perfect Storm of Pension Plan Funding
  Seyfarth Shaw LLP, November 2008
• DOL Issues FInal Regulations on the Selection of Annuity Providers for Individual Account Plans, Buck Conslutants, November 7, 2008
• Status of Defined Contribution Provisions Two Years After PPA
  McKay Hochman, October 31, 2008
• DOL Issues Final Regulations Under ERISA Cross Trade Exemption
  Sutherland, October 21, 2008
• Managing Through Turbulence
  JPMorgan, October 14, 2008
• Options for Transitioning to PPA Lump Sums
  JPMorgan, September 11, 2008
• Does Green Mean Go? Trustee Decision-Making in the Post-PPA Era
  Segal Co, September 2008
• IRS Issues Final Regulations on Mortality Tables for Funding
  Prudential, September 2008
• DOL Issues Proposals Under PPA Investment Advice Provisions
  Sutherland, August 26, 2008
• Managing PPA DB Contributions and the September 15, 2008 Due Date, JPMorgan, August 1, 2008
• Federal Agencies Provide Guidance Affecting Multiemployer Defined Benefit Pension Plans, Prudential, June 2008
• PPA Funding Targets, JPMorgan, June 20, 2008
• New IRS Guidance on Distribution-Related Provisions of PPA
  Aspen via Winston & Strawn, LLP, June 2008
• IRS Provides Guidance on 2008 Distribution Rules, Prudential, May 2008
• IRS Provides Guidance on Notice Requirements Under PPA
  Watson Wyatt, May 2008
• Bargaining Strategies in the Wake of Multiemployer Pension Plan Notices Issued Pursuant to the Pension Protection Act, Littler Mendelson, May 2008
• Getting PPA Funding Right, JPMorgan, May1, 2008
• Quarterly Contribution Requirements and Credit Balances, JPMorgan, April 21, 2008
• IRS, DOL and PBGC Propose Guidance on PPA Changes for Multiemployer Plans
  Buck Consultants, April 15, 2008
• Proposed Regulations on Minimum Required Contributions for Single Employer Defined Beneift Pension Plans, Buck Consultants, April 14, 2008
• New Multiemployer Pension Plan Funding Rules Begin Impacting Employers in April 2008, Buchanan Ingersoll & Rooney, April 10, 2008
• PBGC Proposed Regulations -Withdrawal Liability, Seyfarth Shaw LLP, April 2008
• Notice 2008-30 Guidance on PPA Changes to Distribution Rules for 2008, McKay Hochman, April 4, 2008
• PPA Check Up, JPMorgan, March 12, 2008
• Chart of New Multiemployer Plan Disclosures and Communications Required by the Pension Protection Act of 2006, Milliman, March 2008
• PPA Effective Dates, JPMorgan, February 13, 2008
• Summary of Proposed Cash Balance Plan Regulations
  Groom Law Group, February 5, 2008
• PPA Ready or Not, JPMorgan, January 18, 2008
• PPA-What Will It Mean for Pension Plan Sponsors? (Members Only) by Jerry Mingione, Benefits Quarterly, v23 no4, Fourth Quarter 2007
• Life in the Yellow Zone: Operating an Underfunded Multiemployer Plan Under PPA, (Members Only) by William J. Ruschau, Benefits Quarterly, vol 23 no4, Fourth Quarter 2007
• Dol Provides Guidance for Retirement Plan Statements, Including Some Changes Effective First Quarter 2007, McDermott, Will & Emery
• New Benefit Statement Requirements for Retirement Plans, Utz, Miller & Kuhn
• Retirement Benefit Statements: Welcome Guidance and Relief, Segal Co
• ERISA Bonding Provisions in the Pension Protection Act of 2006, Segal Co.
• The Pension Protection Act of 2006, Transamerica Center for Retirement Studies
• Pension Bill Makes Sweeping Changes to Plan Funding Rules and Administration, BNA
• Securing Retirement: An Overview of the Pension Protection Act of 2006, Deloitte
• Senate Joins House in Passing Pension Reform Legislation, Hewitt Associates, LLC
• Pension Reform Bill’s Key Multiemployer Provisions, Segal Co [PDF]

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Pension Protection Act of 2006 -- Law, Explanation and Analysis
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