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CCH® PENSION AND BENEFITS — 10/24/08

Nearly all retirement plan dollar limits to increase due to 2009 COLAs

The IRS has released the 2009 cost-of-living adjustments to retirement plan limits. As a result of the new COLAs, nearly all dollar limitations on benefits and contributions, annual compensation limits, compensation amounts for SEPs, and other dollar limitations applicable to retirement plans will increase in 2009.

Employee benefit plans are subject to annually adjusted dollar limitations on benefits, contributions, compensation and other items. Annual benefit limits are generally calculated based on inflation data from the third fiscal quarter of each year. Adjustments in the limits are rounded down and may not take effect until certain minimum dollar amounts are reached. Other than for catch-up contributions for SIMPLE plans, the increase in the cost of living index met the statutory thresholds that trigger their adjustments.

2009 plan limits

Highlights of the 2009 maximum dollar limitations announced by the IRS include the following:

- Annual defined benefit limit: $195,000, an increase from $185,000 in 2008;

- Annual defined contribution limit: $49,000, an increase from $46,000 in 2008;

- Annual compensation limit: $245,000, an increase from $230,000 in 2008;

- 401(k) elective deferrals: $16,500, an increase from $15,500 in 2008;

- Annual limit for SIMPLE plans: $11,500, an increase from $10,500 in 2008;

- SEP coverage amount: $550, an increase from $500 in 2008; and

- Highly compensated employee limit: $110,000, an increase from $105,000 in 2008.

The contribution amount allowed for Roth IRAs begins to phase out for joint filers with incomes exceeding $166,000, up from $159,000 in 2008, and phases out for singles and heads of households with incomes exceeding $105,000, up from $101,000 in 2008.

The compensation amount under IRS Reg. Sec. 1.61-21(f)(5)(i) concerning the definition of “control employee” for fringe benefit valuation purposes is $95,000, an increase from $90,000 in 2008. The compensation amount under IRS Reg. Sec. 1.61-21(f)(5) (iii) will increase to $195,000 from $185,000 in 2008.

According to the IRS, administrators of defined benefit or defined contribution plans that have received favorable determination letters should not request new determination letters solely because of yearly amendments to adjust maximum limitations in the plans.

A comparison of the 2009 dollar limitations to pay higher taxes as a result of the increase in the 2008 figures appears in the chart below.

                                                                MAXIMUM DOLLAR LIMITS

                                                                                                          2009                 2008

Elective Deferrals........................................................$16,500 ................$15,500

Catch-up Contributions (non-SIMPLE) ..................................5,500 ...................5,000

Annual Defined Benefit Limit...........................................195,000 ................185,000

Annual Defined Contribution Limit.....................................49,000 ..................46,000

Annual Compensation Limit............................................245,000 ................230,000

Grandfathered Compensation Rule for Government Plans ......360,000 ................345,000

Deferrals for Government Plans.......................................16,500 ..................15,500

Highly Compensated Employee Limit................................110,000 ................105,000

SIMPLE Plan Employee Deferrals......................................11,500 ..................10,500

Catch-up contributions (SIMPLE)......................................2,500 ....................2,500

SEP Coverage................................................................550 .......................500

SEP Compensation Amount............................................245,000 ................230,000

Tax Credit ESOP Maximum Balance ..................................985,000 ................935,000

Amount for Lengthening of 5-Year ESOP Period ..................195,000 ................185,000
 

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