Benefits Forward

The IRS has modified its no ruling policy as it pertains to Section 409A arrangements. While the Service will continue not to issue rulings concerning the income tax consequences of establishing, operating, or participating in a nonqualified deferred compensation plan subject to Section 409A, it will rule on the application of certain other tax laws, such as FICA, and estate and gift taxes.

The Ninth Circuit has ruled that the San Francisco health care law is not preempted by ERISA. The ruling comes in the much watched case of Golden Gate Restaurant Association v. City and County of San Francisco.