Legal Alert: IRS Issues Final Rule on Automatic Enrollment


The Pension Protection Act of 2006 (the "PPA") amended the Internal Revenue Code to facilitate automatic contribution arrangements (also referred to as automatic enrollment) in section 401(k) plans, as well as in similar plans under sections 403(b) and 457(b) in the case of tax-exempt and governmental employers. More recently, the Worker, Retiree, and Employer Recovery Act of 2008 ("WRERA") added similar provisions to the rules relating to SARSEPs and SIMPLE IRAs. In late 2007, the IRS had issued proposed regulations dealing with automatic enrollment. Now, the final regulations have been issued, incorporating comments that were received by the IRS on the proposals, as well as the changes that had been made by WRERA.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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