SECTION 8. EMPLOYEE BENEFIT ISSUES—CONTINUED

Statute or Regulation Act Postponed 13. Sec. 401(a)(28)(B)(ii) A plan must distribute the portion of the participant’s account covered by an election under section 401(a)(28)(B)(i) within 90 days after the period during which an election can be made; or the plan must offer at least 3 investment options (not inconsistent with regulations prescribed by the Secretary) to each participant making the election under section 401(a)(28)(B)(i) and within 90 days after the period during which the election may be made, the plan must invest the portion of the participant’s account in accordance with the participant’s election. 14. Sec. 401(a)(30) and Treas. Reg. Excess deferrals for a calendar year, plus income attributable to the excess, § 1.401(a)–30 and § 1.402(g)–1 must be distributed no later than the first April 15 following the calendar year.

14. Sec. 401(a)(30) and Treas. Reg. Excess deferrals for a calendar year, plus income attributable to the excess, § 1.401(a)–30 and § 1.402(g)–1 must be distributed no later than the first April 15 following the calendar year.

15. Sec. 401(b) and Treas. Reg. A retirement plan that fails to satisfy the requirements of section 401(a) or § 1.401(b)–1 section 403(a) on any day because of a disqualifying provision will be treated

16. Sec. 401(b) and Treas. Reg. A retirement plan that fails to satisfy the requirements of section 401(a) or § 1.401(b)–1 section 403(a) on any day because of a disqualifying provision will be treated

as satisfying such requirements on such day if, prior to the expiration of the applicable remedial amendment period, all plan provisions necessary to satisfy the requirements of section 401(a) or 403(a) are in effect and have been made effective for the whole of such period. 16. Sec. 401(k)(8) A cash or deferred arrangement must distribute excess contributions for a plan year, plus income attributable to the excess, pursuant to the terms of the arrangement no later than the close of the following plan year. 17. Sec. 401(m)(6) A plan subject to section 401(m) must distribute excess aggregate contributions for a plan year, plus income attributable to the excess, pursuant to the terms of the plan no later than the close of the following plan year. 18. Sec. 402(g)(2)(A) and Treas. Reg. An individual with excess deferrals for a taxable year must notify a plan, not § 1.402(g)–1 later than a specified date following the taxable year, that excess deferrals have

18. Sec. 402(g)(2)(A) and Treas. Reg. An individual with excess deferrals for a taxable year must notify a plan, not § 1.402(g)–1 later than a specified date following the taxable year, that excess deferrals have

been contributed to that plan for the taxable year. A distribution of excess deferrals identified by the individual, plus income attributable to the excess, must be accomplished no later than the first April 15 following the taxable year of the excess. 19. Sec. 404(k)(2)(A)(ii) An ESOP receiving dividends on stock of the C corporation maintaining the plan must distribute the dividend in cash to participants or beneficiaries not later than 90 days after the close of the plan year in which the dividend was paid. 20. Secs. 408(i) and 6047(c) A trustee or issuer of an individual retirement arrangement (IRA) must provide certain information concerning the IRA to the IRA owner by January 31 following the calendar year to which the information relates. In addition, IRA contribution information must be furnished to the owner, and Form 5498, Individual Retirement Arrangement Information, filed with the IRS, by May 31 following the calendar year to which the information relates. 21. Sec. 409(h)(4) An employer required to repurchase employer securities under section 409(h)(1)(B) must provide a put option for a period of at least 60 days following the date of distribution of employer securities to a participant, and if the put option is not exercised, for an additional 60-day period in the following plan year. A participant who receives a distribution of employer securities under section 409(h)(1)(B) must exercise the put option provided by that section within a period of at least 60 days following the date of distribution, or if the put option is not exercised within that period, for an additional 60-day period in the following plan year. 22. Sec. 409(h)(5) An employer required to repurchase employer securities distributed as part of a total distribution must pay for the securities in substantially equal periodic payments (at least annually) over a period beginning not later than 30 days after the exercise of the put option and not exceeding 5 years.

November 18, 2002 858 2002–46 I.R.B.