Proposed Regulations on Employer Comparable Contributions to HSAs

Guidance on employer comparable contributions to HSAs and requirement of return for filing of the excise tax under Section 4980B, 4980D, 4980E or 4980G.

Fiduciary Fee Disclosure Requirements

The DOL issues proposed regulations governing the fiduciary requirements for disclosure of fee, expense and certain other investment-related information to participants and beneficiaries in individual account plans allowing participant direction of investments.

FAQs regarding Fee Reporting Requirements

The DOL issues 40 FAQs providing guidance on the new requirements for reporting fees and compensation on Schedule C of Form 5500.

Who Qualifies as an “Outside” Director under 162(m)?

Rev. Rul. 2008-32 addresses the question as to whether a member of the board who previously served as the company’s interim CEO qualifies as an “outside” director for purposes of Section 162(m)(4)(C)(i).

Proposed Accrual Regulations Dealing with “Greater Of” Formulas

The IRS issues proposed guidance on complying with the benefit accrual rules in the case of a defined benefit plan where benefits are determined on the basis of the greatest of two or more separate formulas. These proposed rules are in addition to previously issued guidance providing retroactive relief.

Guidance on Withholding on Supplemental Wages

Revenue Ruling 2008-29 provides guidance with respect to income tax withholding in nine situations involving the payment of supplemental wages.

Update of Weighted Average Interest Rates

The IRS releases Notice 2008-65 updating guidance on the weighted average interest rate to be used for funding purposes.

Guidance On PPA Bankrupty Provision and Guaranteed Benefits

The PBGC issues proposed rules implementing Section 404 of the Pension Protection Act of 2006 governing the application of the PBGC guaranteed benefit provisions to the bankruptcy filing of a sponsor of an underfunded defined benefit plan.

Rules for Administrative Review of PBGC Decisions

The PBGC amends its rules governing administrative appeals including clarifying that the agency’s Appeals Board may refer certain categories of appeals to other PBGC departments for written response.

Application of Section 457(f) to Recurring Part Year Compensation

Notice 2008-62 provides interim guidance to address certain types of arrangements involving recurring part-year compensation, including arrangements involving public school employees who work 10 month school years and elect to be paid ratably over 12 months

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