SECTION 8. EMPLOYEE — Internal Revenue Bulletin 2002-46

Statute or Regulation Act Postponed

Sec. 72(p)(2)(B) and (C), and A loan from a Treas. Reg. § 1.72(p)–1, Q&A–10 such plan
Sec. 72(p)(2)(B) and (C), and A loan from a qualified employer plan to a participant in, or a beneficiary of, Treas. Reg. § 1.72(p)–1, Q&A–10 such plan must be repaid according to certain time schedules specified in

section 72(p)(2)(B) and (C) (including, if applicable, any grace period granted pursuant to Treas. Reg. § 1.72(p)–1, Q&A–10). 2. Sec. 72(t)(2)(A)(iv) Under section 72(t)(2)(A)(iv), to avoid the imposition of a 10-percent additional tax on a distribution from a qualified retirement plan, the distribution must be part of a series of substantially equal periodic payments, made at least annually. 3. Sec. 72(t)(2)(F) To avoid the imposition of a 10-percent additional tax on a distribution from an individual retirement arrangement (IRA) for a first-time home purchase, such distribution must be used within 120 days of the distribution to pay qualified acquisition costs or rolled into an IRA. 4. Sec. 83(b) and Treas. Reg. Any person who performs services in connection with which property is § 1.83–2(b) transferred to any person may elect not later than 30 days after the date of the

Sec. 83(b) and Treas. Reg. Any person who performs services in connection with which property is § 1.83–2(b) transferred to any person may elect not later than 30 days after the date of the

transfer of the property to include in his gross income, for the taxable year in which such property is transferred, the excess of the fair market value of the property over the amount (if any) paid for the property. 5. Proposed Treas. Reg. § 1.125–1, Cafeteria plan participants will avoid constructive receipt of the taxable Q&A–15 amounts if they elect the benefits they will receive before the beginning of the

Proposed Treas. Reg. § 1.125–1, Cafeteria plan participants will avoid constructive receipt of the taxable Q&A–15 amounts if they elect the benefits they will receive before the beginning of the

period during which the benefits will be provided. 6. Proposed Treas. Reg. Cafeteria plan participants will not be in constructive receipt if, at the end of § 1.125–1, Q&A–14 and Proposed the plan year, they forfeit amounts elected but not used during the plan year. Treas. Reg. § 1.125–2, Q&A–7

Cafeteria plan participants will not be in constructive receipt if, at the end of the plan year, they forfeit amounts elected but not used during the plan year.

Proposed Treas. Reg. § 1.125–2, Q&A–5
Proposed Treas. Reg. Cafeteria plan participants may receive in cash the value of unused vacation § 1.125–2, Q&A–5 days on or before the earlier of the last day of the cafeteria plan year or the last

day of the employee’s taxable year to which the unused days relate. 8. Treas. Reg. A performance goal is considered preestablished if it is established in writing § 1.162–27(e)(2) by the corporation’s compensation committee not later than 90 days after the

Treas. Reg. A performance goal is considered preestablished if it is established in writing § 1.162–27(e)(2) by the corporation’s compensation committee not later than 90 days after the

commencement of the period of service to which the performance goal relates if the outcome is substantially uncertain at the time the compensation committee actually establishes the goal. In no event, however, will the performance goal be considered pre-established if it is established after 25 percent of the period of service has elapsed. 9. Sec. 220(f)(5) A rollover contribution to an Archer MSA must be made no later than the 60th day after the day on which the holder receives a payment or distribution from an Archer MSA. 10. Sec. 220(h) A trustee or custodian of an MSA (Archer MSA or Medicare+Choice MSA) must provide certain information concerning the MSA to the account holder by January 31 following the calendar year to which the information relates. In addition, MSA contribution information must be furnished to the account holder, and Form 5498, IRA Contribution Information, filed with the IRS, by May 31 following the calendar year to which the information relates. 11. Secs. 401(a)(9), 403(a)(1), The first required minimum distribution from plans subject to the rules in 403(b)(10), 408(a)(6), section 401(a)(9) must be made no later than the required beginning date. 408(b)(3) and 457(d)(2) Subsequent required minimum distributions must be made by the end of each

Secs. 401(a)(9), 403(a)(1), The first required minimum distribution from plans subject to the rules in 403(b)(10), 408(a)(6), section 401(a)(9) must be made no later than the required beginning date. 408(b)(3) and 457(d)(2) Subsequent required minimum distributions must be made by the end of each

distribution calendar year. 12. Sec. 401(a)(28)(B)(i) A qualified participant in an ESOP (as defined in section 401(a)(28)(B)(iii)) may elect within 90 days after the close of each plan year in the qualified election period (as defined in section 401(a)(28)(B)(iv)) to direct the plan as to the investment of at least 25 percent of the participant’s account in the plan (50 percent in the case of the last election).

2002–46 I.R.B. 857 November 18, 2002