Compliance

IRS Continues Fleshing Out PPA DB Funding Mandates

As part of regulators’ continuing efforts to flesh out the Pension Protection Act’s (PPA) mandates, the Internal Revenue Service (IRS) on Friday issued proposed regulations on single-employer defined benefit plan funding requirements.
Reported by Fred Schneyer

A news release said REG 108508-08, tied to Section 430, along with three earlier sets of regulations should help plan sponsors figure out the PPA’s required DB plan contribution, including the application of the quarterly contribution requirements.

According to the new document, under section 430(j)(3)(A), quarterly contributions must be made during a plan year if the plan had a funding shortfall for the preceding plan year. Each quarterly installment is 25% of the required annual payment while the required annual payment is equal to the lesser of 90% of the minimum required contribution under section 430 for the plan year or 100% of the minimum required contribution under section 430 (determined without regard to any waiver under section 412) for the preceding plan year.

The determination of the amount of the minimum required contribution for a plan year depends on whether the value of plan assets, as reduced to reflect certain funding balances pursuant to section 430(f)(4)(B) (but not below zero), equals or exceeds the plan’s funding target for the plan year, the IRS said in the new guidance. If this value of plan assets is less than the funding target for the plan year, the minimum required contribution for that plan year is equal to the sum of the plan’s target normal cost for the plan year plus any applicable shortfall amortization installments and waiver amortization installments.

If this value of plan assets equals or exceeds the funding target for the plan year, the minimum required contribution for that plan year is equal to the target normal cost of the plan for the plan year reduced (but not below zero) by any such excess.

IRS officials said although the new funding rules are generally effective for plan years beginning on or after January 1, 2008, the regulations are proposed to be effective for plan years beginning on or after January 1, 2009. Plan sponsors can rely on the proposed regulations to satisfy the minimum funding requirements for plan years beginning in 2008.

The funding regulations will be amended to reflect any changes from the PPA technical corrections bill moving through Congress.

Public comments on the funding regulations should be sent to: CC:PA:LPD:PR (REG-108508-08), room 5203, Internal Revenue Service, PO Box 7604, Ben Franklin Station, Washington, DC 20044. Submissions may be hand-delivered Monday through Friday between the hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (REG-108508-08), Courier’s Desk, Internal Revenue Service, 1111 Constitution Avenue NW., Washington, DC, or sent electronically via the Federal eRulemaking Portal at www.regulations.gov (IRS-REG- 108508-08).

The latest proposed funding regulations are available here.