Special Tax Notice Regarding Your Rollover Options Under a Governmental 401(a) Plan

         In this bulletin we have linked the "Ice Miller" version of the Internal Revenue Service (IRS) "safe harbor" tax notice for governmental 401(a) qualified plans.  This notice is based on the new IRS notice from Notice 2009-68 issued September 5, 2009.  We have deleted items that could not pertain to a governmental plan and added items that would apply specifically to governmental plan participants.  The updated notice should be implemented by
January 1, 2010.

         The linked notice does not include information for a plan distributing from a designated Roth account.  If you offer such an account, you will need a different notice for those distributions.  In addition, if you administer a 457(b) deferred compensation plan, you will need a different notice for distributions from that plan.

         The notice does not include items that are of importance only for the balance of 2009 (e.g., the 2009 withholding for nonspouse beneficiaries which we know some of you are using for 2009).  If you intend to start using this notice immediately, please call your Ice Miller benefits attorney and we can review your current position to see if a special section should be added to the end – "Notes for 2009 Only."

         If you have any questions, please contact Mary Beth Braitman, Terry A.M. Mumford, Lisa Erb Harrison, or Katrina M. Clingerman.