[Federal Register Volume 74, Number 28 (Thursday, February 12, 2009)]
[Proposed Rules]
[Pages 7021-7022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3066]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[REG-107318-08]
RIN 1545-BH75


Notice to Participants of Consequences of Failing To Defer 
Receipt of Qualified Retirement Plan Distributions; Expansion of 
Applicable Election Period and Period for Notices; Hearing Cancellation

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Cancellation of notice of public hearing on proposed 
rulemaking.

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SUMMARY: This document cancels a public hearing on proposed rulemaking 
that would provide that the notice required under section 411(a)(11) to 
be provided to a participant of his or her right, if any, to defer 
receipt of an immediately distributable benefit must also describe the 
consequences of failing to defer receipt of the distribution. The 
proposed rulemaking would also

[[Page 7022]]

provide that the applicable election period for waiving the qualified 
joint and survivor annuity form of benefit under section 417 is the 
180-day period ending on the annuity starting date, and that a notice 
required to be provided under section 402(f), section 411(a)(11), or 
section 417 may be provided to a participant as much as 180 days before 
the annuity starting date (or, for a notice under section 402(f), the 
distribution date). These regulations would affect administrators of, 
employers maintaining, participants in, and beneficiaries of tax-
favored retirement plans.

DATES: The public hearing, originally scheduled for Friday, February 
20, 2009, at 10 a.m. is cancelled.

FOR FURTHER INFORMATION CONTACT: Funmi Taylor of the Publications and 
Regulations Branch, Legal Processing Division, Associate Chief Counsel 
(Procedure and Administration) at (202) 622-7180 (not a toll-free 
number).

SUPPLEMENTARY INFORMATION: A notice of proposed rulemaking and a notice 
of public hearing that appeared in the Federal Register on Thursday, 
October 9, 2008 (73 FR 59575) announced that a public hearing was 
scheduled for February 20, 2009, at 10 a.m. in the IRS Auditorium, 
Internal Revenue Building, 1111 Constitution Avenue, NW., Washington, 
DC. The subject of the public hearing is under sections 402(f), 
411(a)(11), and 417 of the Internal Revenue Code.
    The public comment period for the proposed rulemaking expired on 
January 7, 2008. The notice of proposed rulemaking and notice of public 
hearing instructed those interested in testifying at the public hearing 
to submit an outline of the topics to be addressed. As of Wednesday, 
February 4, 2009, no one has requested to speak. Therefore, the public 
hearing scheduled for February 20, 2009, is cancelled.

LaNita VanDyke,
Chief, Publications and Regulations Branch, Legal Processing Division, 
Associate Chief Counsel, (Procedure and Administration).
 [FR Doc. E9-3066 Filed 2-11-09; 8:45 am]
BILLING CODE 4830-01-P