Internal Revenue Bulletin 2009-46 (PDF rendition): IRS Announcements

Preserve advance releases and the authoritative Internal Revenue Bulletin rendition; directory timestamps are file-publication metadata, not legal effective dates. HTML bulletins begin June 2003; earlier available issues require full PDF parsing. Whole bulletin rendition: numbered items are identified below; other legal material and publisher context remain included. This is not a new standalone advance release.

Bulletin No. 200
9-46
November 16, 200
9
HIGHLIGHTS
OF THIS ISSUE
These synopses are intended only as aids to the reader in
identifying the subject matter covered. They may not be
relied upon as authoritative interpretations.
EMPLOYEE PLANS
REG–159704–03, page 632.
Proposed regulations contain proposed amendments to
20 CFR part 901 relating to the enrollment of actuaries under
section 3042 of the Employee Retirement Income Security Act
of 1974 (ERISA). The proposed amendments would update
the eligibility requirements for performing actuarial services
for ERISA-covered employee pension benefit plans, including
the continuing education requirements, and the standards
for performing such actuarial services. The proposed
amendments would affect employee pension benefit plans and
the actuaries providing actuarial services to those plans.
Notice 2009–86, page 629.
Further extension of effective date of normal retirement
age regulations for governmental plans.This notice an-
nounces the intent to further extend the final effective date of
the final regulations under section 401(a) of the Code relating
todistributionsfromapensionplanuponattainmentofNor-
mal Retirement Age for governmental plans, as described in
section 414(d). The regulations were published in the Federal
Register as T.D. 9325, 2007–1 C.B. 1386 (72 FR 28604) on
May 22, 2007. In Notice 2008–98, the effective date for gov-
ernmental plans was extended to plan years beginning on or
after January 1, 2011. Taking into account this extension, the
NRA regulations will be effective for a governmental plan (as
defined in § 414(d) of the Code) for plan years beginning on
or after January 1, 2013. This notice does not change the
effective date of the NRA regulations for a plan that is not a
governmental plan or modify the relief previously provided in
Notice 2007–69, 2007–2 C.B. 468.
EXEMPT ORGANIZATIONS
Announcement 2009–80, page 646.
The Service has revoked its determination that Elimidebt Man-
agement Systems, Inc., of Orlando, FL and Hallandale, FL; and
Richard & Jane Pater Charitable Foundation of Salt Lake City,
UT, qualify as organizations described in sections 501(c)(3) and
170(c)(2) of the Code.
TAX CONVENTIONS
Announcement 2009–79, page 628.
Mutual Agreement on Share Attribution under Belgium
Treaty.A copy of the Competent Authority Agreement re-
leased by the Deputy Commissioner (International) [U.S. Com-
petent Authority] on October 15, 2009, is set forth.
ADMINISTRATIVE
Notice 2009–87, page 630.
This notice invites public comments on possible modifications
to the conditions established in Rev. Proc. 80–59, 1980–2
C.B. 855, under which a trustee of a blind trust that meets
the requirements of section 102(f)(3) of the Appendix to Title
5 of the United States Code (or any successor provision of the
United States Code) may execute and file an income tax return
on behalf of any individual described in section 101(f) of the
Appendix to Title 5 of the United States Code (or any successor
provision of the United States Code) (“eligible individual”).
(Continued on the next page)
Announcements of Disbarments and Suspensions begin on page 647.
Finding Lists begin on page ii.

Announcement 2009–81, page 647.
This document cancels a public hearing on proposed regu-
lations (REG–130200–08, 2009–31 I.R.B. 174) that amends
the regulations concerning taxpayers who make the election to
claim the reduced research credit.
November 16, 20092009–46 I.R.B.

The IRS Mission
Provide Americ
a’s taxpayers top quality service by helping them
understand an
d meet their tax responsibilities and by applying
the tax law with
integrity and fairness to all.
Introduction
The Internal Revenue Bulletin is the authoritative instrument of
the Commissioner of Internal Revenue for announcing official
rulings and procedures of the Internal Revenue Service and for
publishing Treasury Decisions, Executive Orders, Tax Conven-
tions, legislation, court decisions, and other items of general
interest. It is published weekly and may be obtained from the
Superintendent of Documents on a subscription basis. Bulletin
contents are compiled semiannually into Cumulative Bulletins,
which are sold on a single-copy basis.
It is the policy of the Service to publish in the Bulletin all sub-
stantive rulings necessary to promote a uniform application of
the tax laws, including all rulings that supersede, revoke, mod-
ify, or amend any of those previously published in the Bulletin.
All published rulings apply retroactively unless otherwise indi-
cated. Procedures relating solely to matters of internal man-
agement are not published; however, statements of internal
practices and procedures that affect the rights and duties of
taxpayers are published.
Revenue rulings represent the conclusions of the Service on the
application of the law to the pivotal facts stated in the revenue
ruling. In those based on positions taken in rulings to taxpayers
or technical advice to Service field offices, identifying details
and information of a confidential nature are deleted to prevent
unwarranted invasions of privacy and to comply with statutory
requirements.
Rulings and procedures reported in the Bulletin do not have the
force and effect of Treasury Department Regulations, but they
may be used as precedents. Unpublished rulings will not be
relied on, used, or cited as precedents by Service personnel in
the disposition of other cases. In applying published rulings and
procedures, the effect of subsequent legislation, regulations,
court decisions, rulings, and procedures must be considered,
and Service personnel and others concerned are cautioned
against reaching the same conclusions in other cases unless
the facts and circumstances are substantially the same.
The Bulletin is divided into four parts as follows:
Part I.—19
86 Code.
This part i
ncludes rulings and decisions based on provisions of
the Intern
al Revenue Code of 1986.
Part II.—Treaties and Tax Legislation.
This part is divided into two subparts as follows: Subpart A,
Tax Conventions and Other Related Items, and Subpart B, Leg-
islation and Related Committee Reports.
Part III.—Administrative, Procedural, and Miscellaneous.
To the extent practicable, pertinent cross references to these
subjects are contained in the other Parts and Subparts. Also
included in this part are Bank Secrecy Act Administrative Rul-
ings. Bank Secrecy Act Administrative Rulings are issued by
the Department of the Treasury’s Office of the Assistant Secre-
tary (Enforcement).
Part IV
.—Items of General Interest.
This par
t includes notices of proposed rulemakings, disbar-
ment an
d suspension lists, and announcements.
The last Bulletin for each month includes a cumulative index
for the matters published during the preceding months. These
monthly indexes are cumulated on a semiannual basis, and are
published in the last Bulletin of each semiannual period.
The c
ontents of this publication are not copyrighted and may be reprinted freely. A citation of the Internal Revenue Bulletin as the source would be appropriate.
For sale by the Superintendent of Documents, U.S.Government Printing Office, Washington, DC 20402.
2009–46 I.R.B.November 16, 2009

November 16, 20092009–46 I.R.B.

Part II. Treaties and Tax Legislation
Subpart A.—Tax Conventions and Other Related Items
Mutual Agreement on Share
Attribution under Belgium
Treaty
Announcement 2009–79
The competent authorities of the United
States and Belgium have entered into a
mutual agreement concerning share attri-
bution for purposes of applying paragraph
3 of Article 10 (Dividends) in determining
whether a person is an “equivalent benefi-
ciary” under subparagraphs 3 a) and 8 g) of
Article 21 (Limitation on Benefits) of the
U.S.-Belgium income tax treaty. The text
of the agreement, which was released by
the Deputy Commissioner (International)
on October 15, 2009, is as follows:
Competent Authority Agreement
The competent authorities of the United States of America and the Kingdom of Belgium, pursuant to Article 24 (Mutual
Agreement Procedure) of the US-Belgium income tax treaty (“Treaty”) hereby agree that under Treaty Article 21 (Limitation
on Benefits), the determination of whether a person is an “equivalent beneficiary” under subparagraphs 3 a) and 8 g) is to be
made taking into account the following language:
For the purposes of applying paragraph 3 of Article 10 (Dividends) in order to determine whether a person owning
shares, directly or indirectly, in the company claiming thebenefits of the Treaty, is an equivalent beneficiary, such
person is to be deemed to hold the same voting power in the company paying the dividend as the company claiming the
benefits holds in such company.
Barry B. Shott
United States Competent Authority
Deputy Commissioner (International)
Sandra Knaepen
Premier Attaché des Finances
Service Public Fédéral FINANCES
IMPOTS ET RECOUVREMENT
2009–46 I.R.B.628November 16, 2009

Part III. Administrative, Procedural, and Miscellaneous
Further Extension of
EffectiveDateofNormal
Retirement Age Regulations
for Governmental Plans
Notice 2009–86
I. Purpose
The Service and Treasury intend to
extend the time by which a governmental
plan must comply with final regulations
on distributions from a pension plan upon
attainment of normal retirement age (“the
NRA regulations”) beyond the date pre-
viously announced in Notice 2008–98,
2008–2 C.B. 1080. These regulations
were published in the Federal Register
as T.D. 9325, 2007–1 C.B. 1386 (72 FR
28604) on May 22, 2007. Taking into
account this extension, the NRA regula-
tions will be effective for a governmental
plan (as defined in § 414(d) of the Internal
Revenue Code) for plan years beginning
on or after January 1, 2013. This notice
does not change the effective date of the
NRA regulations for a plan that is not a
governmental plan or modify the relief
previously provided in Notice 2007–69,
2007–2 C.B. 468.
II. Background
Section 411(a)(8) provides that the term
“normal retirement age” means the ear-
lier of (A) the time a plan participant at-
tains normal retirement age under the plan
or (B) the later of age 65 or the fifth an-
niversary of the time a plan participant
commenced participation in the plan. A
plan’s normal retirement age is relevant for
a number of purposes, including for pur-
poses of determining the date at which a
participant is eligible to receive his or her
normal retirement benefit and calculating
the amount of the benefit received.
Section 1.401(a)–1(b)(1)(i) of the In-
come Tax Regulations requires a pension
plan to be maintained primarily to pro-
vide systematically for the payment of
definitely determinable benefits after re-
tirement. The NRA regulations amended
§ 1.401(a)–1(b)(1)(i) to provide an excep-
tion to the rule that pension benefits be
paid only after retirement by permitting a
pension plan to commence payment of re-
tirement benefits to a participant after the
participant has attained normal retirement
age even if the participant has not yet had
a severance from employment with the
employer maintaining the plan.
The NRA regulations require a pension
plan’s normal retirement age to be an age
that is not earlier thanthe earliest age that
is reasonably representative of the typical
retirement age for the industry in which
the covered workforce is employed. The
NRA regulations provide that a normal re-
tirement age of 62 or later (or age 50 or
later, in the case of a plan in which sub-
stantially all of the participants are qual-
ified public safety employees (within the
meaning of § 72(t)(10)(B))) is deemed to
satisfy this requirement, and a normal re-
tirement age lower than 55 is presumed not
to satisfy the requirement unless the Com-
missioner determines otherwise on the ba-
sis of facts and circumstances. Whether a
normal retirement age that is at least 55 but
below 62 satisfies the requirement is based
on facts and circumstances.
The NRA regulations were generally
effective May 22, 2007, with a later ef-
fective date for governmental plans and
certain collectively bargained plans. For
governmental plans, the NRA regulations
were originally effective for plan years be-
ginning on or after January 1, 2009.
Notice 2007–69 provided temporary
relief for certain plans that may have had
to change their definition of normal retire-
ment age to satisfy the NRA regulations.
The relief was available to certain plans
that might otherwise have been required
to be amended to raise the plan’s nor-
mal retirement age effective before the
first day of the first plan year beginning
after June 30, 2008. Because the NRA
regulations were not originally effective
for governmental plans until 2009, the
relief in Notice 2007–69 did not apply to
governmental plans.
Notice 2007–69 pointed out that the
NRA regulations do not contain a safe
harbor or other guidance with respect to a
normal retirement age conditioned on the
completion of a stated number of years of
service, stating that a plan under which
a participant’s normal retirement age
changes to an earlier date upon comple-
tion of a stated number of years of service
typically will not satisfy the vesting or
accrual rules of § 411. The notice asked
for comments from sponsors of plans
that are not subject to the requirements
of § 411, such as governmental plans, on
whether such a plan may define normal
retirement age based on years of service.
Specifically, comments were requested on
whether and how a pension plan with a
normal retirement age conditioned on the
completion of a stated number of years
of service satisfies the requirement in
§ 1.401(a)–1(b)(1)(i) that a pension plan
be maintained primarily to provide for
the payment of definitely determinable
benefits after retirement or attainment of
normal retirement age and how such a
plan satisfies the pre-ERISA vesting rules.
A number of comments were received
in response to Notice 2007–69, includ-
ing comments relating to the effect of the
NRA regulations on governmental plans.
In Notice 2008–98, the Service and
Treasury announced their intention to
amend the NRA regulations to change the
effective date for governmental plans to
plan years beginning on or after January
1, 2011.
III. Further Extension of Effective Date
of NRA Regulations for Governmental
Plans
The Service and Treasury intend to
amend the NRA regulations to change
the effective date for governmental plans
to plan years beginning on or after
January 1, 2013. Governmental plan
sponsors may rely on this notice with
respect to the extension until such time
as the NRA regulations are so amended.
This extension will provide additional
time for the Service and Treasury to
consider comments received with respect
to the effect of the NRA regulations on
governmental plans.
DRAFTING INFORMATION
The principal author of this notice
is James P. Flannery of the Employee
Plans, Tax Exempt and Government
Entities Division. For further infor-
mation regarding this notice, please
November 16, 20096292009–46 I.R.B.

contact Mr. Flannery via e-mail at
retirementplanquestions@irs.gov.
Obtaining Permission for a
TrusteetoMaketheIncome
TaxReturnofanEligible
Individual
Notice 2009–87
PURPOSE
This notice invites public comments on
possible modifications to the conditions
established in Rev. Proc. 80–59, 1980–2
C.B. 855, under which a trustee of a blind
trust that meets the requirements of sec-
tion 102(f)(3) of the Appendix to Title 5 of
the United States Code (or any successor
provision of the United States Code) may
execute and file an income tax return on
behalf of any individual described in sec-
tion 101(f) of the Appendix to Title 5 of
the United States Code (or any successor
provision of the United States Code) (“eli-
gible individual”).
BACKGROUND
Section 102(f)(4)(B) of the Appendix
to Title 5 of the United States Code pro-
vides that, in the case of a trust created for
the benefit of an eligible individual, an as-
set placed in trust will not be considered
a financial interest of the individual for
purposes of section 208 of Title 18 of the
United States Code, and any other conflict
of interest statutes or regulations, if certain
requirements are met, including giving the
trustee the power to prepare on behalf of
the individual the personal income tax re-
turn and similar returns which may contain
information relating to the trust.
Section 1.6012–1(a)(5) of the Income
Tax Regulations, concerning returns made
by agents, permits a return to be made by
an agent if the taxpayer requests permis-
sion, in writing, and the appropriate IRS
official determines that good cause exists
for permitting an agent to make the return.
That section provides that whenever a re-
turn is made by an agent it must be ac-
companied by a power of attorney (or copy
thereof) authorizing the agent to represent
the principal in making the return.
Section 601.504(a) of the Conference
and Practice Requirements, Statement of
Procedural Rules, provides that a power
of attorney is required when the taxpayer
wishes to authorize a recognized represen-
tative to represent the taxpayer before the
Internal Revenue Service or perform the
following acts on behalf of the taxpayer:
(1) offer or execute either a waiver of re-
striction on assessment or collection of a
deficiency in tax or a waiver of notice of
disallowance of a claim for credit or re-
fund on behalf of the taxpayer, (2) execute
a consent to extend the statutory period for
assessment or collection of a tax on be-
half of the taxpayer, (3) execute a closing
agreement on behalf of the taxpayer, (4) re-
ceive (but not endorse or collect) a check
in payment of any refund of taxes, penal-
ties or interest on behalf of the taxpayer, or
(5)signataxreturnunder a certain condi-
tions.
Section 601.506(a) of the Conference
and Practice Requirements, Statement of
Procedural Rules, provides that any notice
or communication (or a copy thereof) re-
quired or permitted to be given to a tax-
payer in any matter before the Internal
Revenue Service shall be given to the tax-
payer and, unless restricted by the tax-
payer, to the taxpayer’s recognized repre-
sentative.
Revenue Procedure 80–59, 1980–2
C.B. 855, requires an eligible individual to
receive advance written permission from
the appropriate IRS official for the trustee
to make the income tax return on behalf
of the eligible individual prior to filing of
the eligible individual’s income tax return.
The trustee must submit the letter granting
the trustee permission to file the eligible
individual’s return when the trustee files
the return. In addition, the return and let-
ter must be accompanied by a power of
attorney (or copy thereof) that grants the
trustee authority to sign the return, to re-
ceive (but not endorse or collect) a refund
check, to execute a waiver of restriction
on assessment or collection, to execute a
waiver of notice of disallowance, to ex-
ecute a consent to extend the period for
assessment or collection, and to execute a
closing agreement. Finally, notwithstand-
ing the provisions of section 601.506(a)
of the Conference and Practice Require-
ments, Statement of Procedural Rules, all
notices or other written communication
required or permitted to be given to the
eligible individual are given only to the
trustee.
POSSIBLE CHANGES
The Internal Revenue Service is consid-
ering modifying the requirement that an el-
igible individual receive advance permis-
sion from the Internal Revenue Service for
thetrusteetomaketheincometaxreturn
on behalf of the eligible individual prior to
filing the eligible individual’s income tax
return. Under the possible modifications
being considered by the Internal Revenue
Service:
•An eligible individual who has an in-
terest in a blind trust that meets the
requirements of section 102(f)(3) of
the Appendix to Title 5 of the United
States Code (or any successor provi-
sion of the United States Code) would
request permission, in writing, for the
trustee of the blind trust to execute and
file the Federal income tax return of the
eligible individual.
•Both the letter requesting permis-
sion and a power of attorney (or copy
thereof) thatgrants the trustee author-
ity to sign the return, to receive (but
not endorse or collect) a refund check,
to execute a waiver of restriction on
assessment or collection, to execute a
waiver of notice of disallowance, to
execute a consent to extend the period
for assessment or collection, and to
execute a closing agreement would
be submitted to the Internal Revenue
Service with the eligible individual’s
Federal income tax return when the
tax return is filed.
•The eligible individual who has an
interest in a blind trust that meets the
requirements of section 102(f)(3) of
the Appendix to Title 5 of the United
States Code (or any successor provi-
sion of the United States Code) and
who submits the written request for
permission and power of attorney con-
sistent with these procedures, would
be considered to have shown good
cause for having the return filed by the
trustee, and would be deemed to have
been granted such permission.
•The eligible individual would submit a
separate request for permission for the
trustee to execute and file the Federal
income tax return each taxable year.
2009–46 I.R.B.630November 16, 2009

REQUESTS FOR PUBLIC COMMENT
The Internal Revenue Service requests
comments on whether the existing proce-
dures for an eligible individual to receive
permission from the Internal Revenue Ser-
vice for a trustee to make the eligible indi-
vidual’s income tax return should be mod-
ified. The Internal Revenue Service is
particularly interested in receiving com-
ments on whether taxpayer burden will be
reduced if the requirement that an eligi-
ble individual receive advance permission
from the Internal Revenue Service for the
trustee to make the income tax return on
behalf of the eligible individual is elimi-
nated and any other ways that the Internal
Revenue Service can reduce taxpayer bur-
den or simply these procedures.
Written comments should be sent to:
CC:PA:LPD:PR (Notice 2009–87), Room
5203, Internal Revenue Service, P.O. Box
7604, Ben Franklin Station, Washington,
D.C. 20044. Alternatively, comments may
be hand delivered between the hours of
8:00 a.m. and 4:00 p.m. Monday to Friday
to CC:PA:LPD:PR (Notice 2009–87),
Courier’s Desk, Internal Revenue
Service, 1111 Constitution Avenue,
NW, Washington, D.C. Comments
may also be transmitted electronically
via the following e-mail address:
Notice.Comments@irscounsel.treas.gov.
Please include “Notice 2009–87” in
the subject line of any electronic
communications.
Comments, if any, must be received by
November 30, 2009. All comments will be
available for public inspection and copy-
ing.
DRAFTING INFORMATION
The principal author of this notice
is Richard S. Goldstein of the Office
of Associate Chief Counsel (Procedure
& Administration). For further infor-
mation regarding this notice, contact
Richard S. Goldstein at (202) 622–3400
(not a toll-free call).
November 16, 20096312009–46 I.R.B.

Part IV. Items o
fGeneralInterest
Notice of Prop
osed
Rulemaking
Performance o
fActuarial
Services Unde
r the Employee
Retirement I
ncome Security
Act of 1974
REG–159704
–03
AGENCY: Join
t Board for the Enrollment
of Actuarie
s.
ACTION: Not
ice of Proposed Rulemak-
ing.
SUMMARY: Th
is document contains pro-
posed amend
mentsto20CFRpart901re-
latingtoth
e enrollment of actuaries under
section 30
42 of the Employee Retirement
Income Sec
urity Act of 1974 (ERISA).
The propos
ed amendments would update
the eligib
ility requirements for perform-
ing actua
rial services for ERISA-covered
employee
pension benefit plans, includ-
ing the co
ntinuing education requirements,
and the st
andards for performing such ac-
tuarial s
ervices. The proposed amend-
ments wo
uld affect employee pension ben-
efit pla
ns and the actuaries providing actu-
arial se
rvices to those plans.
DATES: W
ritten or electronic comments
must be r
eceived by November 20, 2009.
ADDRESS
ES:Sendwrittencomments
to: CC:P
A:LPD:PR (REG–159704–03),
Room 52
03, Internal Revenue Ser-
vice, P
O Box 7604, Ben Franklin
Statio
n, Washington, DC 20044.
Submis
sions may be hand-delivered
Monday
through Friday between the
hours
of 8:00 a.m. and 4:00 p.m. to
CC:PA
:LPD:PR(REG–159704–03),
Couri
er’s Desk, Internal Revenue
Servi
ce, 1111 Constitution Avenue, NW,
Washi
ngton, DC, or sent electronically
viat
heFederaleRulemaking
Port
al atwww.regulations.gov(IRS
REG–
159704–03).
FOR F
URTHER INFORMATION
CONT
ACT: Patrick McDonough, Execu-
tive
Director, Joint Board for the Enroll-
ment
of Actuaries, (202) 622–8229 (not a
tol
l-free number).
SUPPLEMENTAR
Y INFORMATION:
Paperwork Red
uction Act
The collectio
ns of information refer-
enced in this n
otice of proposed rule-
making were pr
eviously reviewed and
approved by th
e Office of Manage-
ment and Budg
et in accordance with
the Paperwor
k Reduction Act of 1995
(44 U.S.C. 35
07(d)) under control
number 1545–
0951, relating to Enrolled
Actuaries un
der Employee Retirement
Income Secu
rity Act of 1974, published
on Septembe
r 7, 1988, in theFederal
Register(5
3 FR 34484). There are no
proposals f
or substantive changes to this
collectio
n of information.
An agency ma
y not conduct or sponsor,
and a perso
n is not required to respond to, a
collectio
n of information unless it displays
a valid con
trol number assigned by the Of-
fice of Man
agement and Budget.
Books or re
cords relating to a collection
of informa
tion must be retained as long
as their c
ontents may become material in
the admin
istration of any internal revenue
law. Gene
rally, tax returns and tax return
informat
ion are confidential, as required
by 26 U.S.
C. 6103.
Backgrou
nd
This doc
ument contains proposed
amendme
ntsto20CFRPart901un-
der sect
ion 3042 of the Employee Re-
tiremen
t Income Security Act of 1974
(88 Stat
. 829), Public Law 93–406
(ERISA)
. Section 3042 of ERISA provides
that th
e Joint Board for the Enrollment
of Actu
aries (Joint Board) shall, by
regula
tions, establish reasonable standards
and qua
lifications for persons performing
actuar
ial services with respect to plans
subje
ct to ERISA and, upon application by
any in
dividual, shall enroll such individual
if the
Joint Board finds that such individual
satis
fies such standards and qualifications.
Secti
on 3042 also provides that the Joint
Boar
d may, after notice and an opportunity
for a
hearing, suspend or terminate the
enro
llment of an individual who fails
to di
scharge his duties under ERISA or
who d
oes not satisfy the requirements for
enro
llment.
Consistent wi
th section 3042, the
Joint Board ha
s promulgated regula-
tions at 20 CFR
Part 901, addressing
eligibility f
or enrollment, requirements for
continuing ed
ucation of enrolled actuaries,
professiona
l standards for performance of
actuarial se
rvices under ERISA, bases for
disciplinar
y actions and the procedures
to be followe
dintakingthoseactions.
Comprehens
ive regulations regarding
section 304
2 were last issued in 1988
(53 FR 34484
). The Joint Board has
determined
that the regulations need to
be updated
to reflect changes in the law
andinindu
stry practice. In addition
to these pr
oposed regulations, final
regulatio
ns relating to user fees for the
initial en
rollment and reenrollment as an
enrolled
actuary were published in the
Federal R
egisteron December 21, 2007
(T.D. 937
0, 2008–1 I.R.B. 428 [72 FR
72606]).
In antici
pation of amending the Joint
Board reg
ulations, the Joint Board issued
aReques
t for Information (RFI) which
was publ
ishedintheFederal Register
on June 3
0, 2004 (69 FR 39376). The
RFI spec
ifically requested comments as
to wheth
er, and to what extent, changes
should
be made to the regulations in the
follow
ing five areas:
1. Proc
edures and conditions for enroll-
ment an
d reenrollments;
2. Cont
inuing professional education
(CPE) r
equirements;
3. Waiv
ers of the CPE requirements;
4. Type
s of enrollment statuses (active,
inacti
ve, and retired); and
5. Stan
dards of conduct.
Eight c
omments were received.
The curr
ent regulations prescribe var-
ious ru
les regarding the enrollment and
reenro
llment of actuaries. Section 901.13
of the r
egulations provides that an indi-
vidual
applying for enrollment must sat-
isfy re
quirements for: (1) qualifying ex-
perie
nce; (2) basic actuarial knowledge;
and (3
) pension actuarial knowledge. Ba-
sic ac
tuarial knowledge may be demon-
strat
ed by passing a Joint Board exami-
natio
n (or an examination acceptable to
the Jo
int Board) regarding basic actuarial
math
ematics and methodology, or by earn-
ing a
degree pertaining to actuarial math-
emat
ics from an accredited college. Pen-
2009–46 I.R.B.632November 16, 2009

sion actuarial knowledge must be demon-
strated by passing a Joint Board examina-
tion (or an examination acceptable to the
Joint Board) in actuarial mathematics re-
latedtopensionplans.
Under section 901.11, an enrolled actu-
ary must reenroll onceevery three years.
To qualify for reenrollment an actuary
must complete a minimum of 36 hours
of continuing education credit within the
preceding three year period.
1
Of these
36 hours, at least one-half must consist
of core subject matter, which is subject
matter directly related to the performance
of actuarial services under ERISA or the
Internal Revenue Code (Code). The re-
maining hours may consist of non-core
subject matter. The regulations provide
examples of both core and non-core sub-
ject matter. The regulations provide that
the Executive Director of the Joint Board
may review the CPE records of an enrolled
actuary to verify compliance with these
rules.
The regulations also provide that the
continuing education must be provided as
part of a “qualifying program” conducted
by a “qualifying sponsor.” A qualifying
program is (1) a “formal program” (which
requires the attendance of at least three in-
dividuals engaged in substantive pension
service), (2) a correspondence or individ-
ual study program, or (3) a program utiliz-
ing teleconferencing. A qualifying spon-
sor is an accredited educational institution,
an organization recognized by a State li-
censing body, or an organization recog-
nized by the Joint Board under a spon-
sor agreement in effect for a given enroll-
ment cycle. A qualifying sponsor must en-
sure that the CPE program satisfies var-
ious requirements regarding subject mat-
ter and administration, including record-
keeping. A separate provision applies to
the recordkeeping requirements for the en-
rolled actuary.
In addition to attending CPE programs,
an enrolled actuary may earn CPE credits
by serving as an instructor or speaker at a
CPE program, publishing articles on topics
directly related to the CPE requirements,
serving on a Joint Board advisory com-
mittee, participating in the preparation of
Joint Board examinations, passing exami-
nations sponsored by recognized organiza-
tions, or by passing a Joint Board pension
law actuarial examination. These alter-
native means for earning CPE credits are
subject to various requirements and limi-
tations.
In the event an enrolled actuary applies
for renewal but fails to comply with the ap-
plicable requirements, the regulations pro-
vide that the enrolled actuary shall be no-
tified of his or her failure and given an
opportunity to provide additional informa-
tion. If the enrolled actuary fails to pro-
vide any additional information (or fails
to apply for reenrollment) the actuary will
be placed in inactive status for a period of
three years (beginning on the date that re-
newal would have been effective) and will
be ineligible to perform services as an en-
rolled actuary during this time. An indi-
vidual placed in inactive status must file an
application for renewal and satisfy the re-
quirements for renewal within three years
or his enrollment will terminate. If an in-
dividual’s enrollment is terminated, it can
onlybereestablishedbysatisfyingthere-
quirements for initial enrollment.
The regulations also provide that an in-
dividual may request placement in an in-
active retirement status during which time
the actuary will be ineligible to perform
services as an enrolled actuary. An in-
dividual placed in this status may be re-
instated by completing the required CPE
credits for the applicable period.
Section 901.20 of the regulations pro-
hibits an enrolled actuary from perform-
ing actuarial services under various cir-
cumstances including when the actuary is
not qualified to perform the service, where
the actuary has reasonable grounds to be-
lieve his or her services will be used in a
fraudulent manner, or where there is a con-
flict of interest. The section also requires
that an enrolled actuary must exercise due
care, skill, and diligence in providing his or
her pension actuarial services and proper
utilization of the enrolled actuary designa-
tion.
Explanation of Provisions
The submitted comments and the re-
lated proposed changes to the regulations
may be divided into the five categories of
the RFI.
A. Procedures for Enrollment and
Reenrollment
Various comments were received re-
garding the materials covered by the
enrolled actuary examinations. Several
comments supported broadening the scope
of the material to include matters unre-
lated to defined benefit plans, such as the
funding of post-retirement medical and
life insurance benefits within the meaning
of Code sections 419 and 419A. To the
extent that an enrolled actuary may need
to practice before the IRS in these areas,
one comment suggested that an enrolled
actuary should be permitted to work to-
gether with a qualified health actuary. In
contrast, another comment suggested fo-
cusing the examinations exclusively on
pension actuarial issues under ERISA and
the Code. Some comments called for a
stronger emphasis on the selection of ac-
tuarial assumptions. One such comment
acknowledged that the subject is not easily
tested, but made suggestions as to how
this could be done.
Another comment proposed eliminat-
ing requirements for the examinations to
cover specific materials and instead have
the regulations grant the Joint Board the
authority and flexibility to prescribe rele-
vant and current topics.
There were also suggestions regarding
the process and form of testing. One com-
ment suggested that focusing each exam-
ination question on a single concept (in-
stead of multiple concepts as is done cur-
rently) would enable a candidate to avoid
losing credit for an entire question if he/she
responds correctly to all but one of the con-
cepts being tested. It was also suggested
that the regulations allow more flexibility
in the number of exams and that they clar-
ify any time limit for their completion.
One comment recommended the use of
computer-based testing and other emerg-
ing alternative testing procedures, and
coordination of changes in the Joint Board
examinations with related examinations
offered by recognized organizations.
There was general agreement among
the comments in keeping the current qual-
ifying experience requirement unchanged
although one comment suggested that the
regulations require that an applicant’s ac-
1
The regulations also include transitional rules for reenrollment cycles prior to 1993. This summary refers to the rules currently applicable.
November 16, 20096332009–46 I.R.B.

tuarial experience be certified by an en-
rolled actuary.
No changes are made under the pro-
posed regulations to the materials covered
by either the basic actuarial examination
or to the examination for pension actuarial
knowledge. The Joint Board believes that
the provisions of the current regulations re-
garding the general form and structure of
the examinations, as updated from time to
time, are adequate.
The proposed regulations, however,
would require that the pension actuarial
examination must be completed within
the ten-year period immediately preceding
the date of application for initial enroll-
ment. The Joint Board believes such a
requirement is needed because of the fre-
quent changes in pension law and a need
for an enrolled actuary to have current
knowledge of pension requirements.
2
On
the other hand, because the material in the
basic actuarial examination is generally
mathematical in nature and is not affected
by changes in pension law, a similar rule
for the basic actuarial examination would
not apply.
With respect to computer-based testing,
the Joint Board acknowledges that new
technologies can serve many uses. The
Joint Board believes, however, that the
language in the current regulations would
not preclude the use of computer-based
testing and does not believe it is necessary
to amend the regulations to specify the for-
mat for taking examinations.
With respect to qualifying experience,
the proposed regulations would require
that all actuarial and pension actuarial
experience be certified in writing by indi-
viduals with knowledge of the individual’s
experience. If the individual’s supervisor
is not an enrolled actuary, the pension
actuarial experience must be certified by
both the supervisor and an enrolled ac-
tuary with knowledge of the individual’s
pension experience. As in the current reg-
ulations, the qualifying experience must
have been completed within the last 10
years before the application for enroll-
ment.
B. CPE Requirements
Several comments were received re-
garding the distinction between core and
non-core subject matter. One comment
suggested that the distinction between core
and non-core subject matter be eliminated
for purposes of meeting CPE requirements
as the distinction does not serve a useful
purpose in a rapidly evolving financial
marketplace and regulatory environment.
The comment added that, assuming these
core/non-core categories were kept, addi-
tional guidance should be provided as to
what constitutes core and non-core credit
subject matter.
Other comments suggested that the list
of core subject matter be expanded to in-
clude such topics as pension accounting,
Code sections 419, 419A and 420, risk
theory, and finance. Another comment
specifically supported adding pension
accounting, but objected to counting in-
vestment topics as core topics. Another
comment recommended including various
additional topics in an expanded list of
acceptable non-core topics such as de-
fined contribution plans, Social Security
and Medicare benefits, pension valuation
software programming, other accounting,
risk management and new emerging topics
in actuarial practice. Another comment
recommended replacing the core/non-core
classification with three new categories:
(1) retirement plan rules under ERISA
and the Code (including, but not limited
to, sections 401 through 420), (2) fund-
ing issues in relation to defined benefit
plans, and (3) actuarial ethics. This com-
ment also suggested requiring at least 45
hours of CPE credit (with a minimum
of three hours in funding issues and in
actuarial ethics) andgranting the Joint
Board the authority to designate additional
mandatory areas of CPE. One comment
recommended that the definition of “core”
subject matter should continue to be fo-
cused on pension actuarial services under
ERISA and the Code and opposed any
expansion of the definition of core subject
matter.
Some comments suggested distinguish-
ing between CPE credits required early
in an actuary’s career, where core courses
may be necessary to help cement the ac-
tuary’s understandingof actuarial princi-
ples, and credits needed later in an actu-
ary’s career. One comment suggested, for
example, that 18 hours of core CPE credit
be required for the first two enrollment cy-
cles and that 12 hours of core credit be
required in subsequent enrollment cycles.
It was also suggested that a minimum of
three hours of ethics be required.
Many comments, particularly from
sponsors of CPE programs, requested
flexibility in the use of the web and other
alternatives to formal meetings. For exam-
ple, some suggested that computer-based
self-study or distance learning programs
and webcasts should be included as qual-
ifying CPE programs. A number of com-
ments sought additional guidance from
the Joint Board regarding the use of we-
bcasts and self-study programs to earn
CPE credits. The issues raised in this
regard included the need for appropriate
safeguards and mechanisms to validate
participation by the actuary. In recogni-
tion that future technological advances
are almost certain to occur, another com-
ment recommended that the regulations
be revised to allow a qualifying sponsor
to apply to the Joint Board for approval to
use those technologies. The comment also
suggested that the regulations specifically
give the Joint Board the authority to permit
the use of those emerging technologies,
with acceptance of the technology being
communicated via a public announcement
without requiring the Joint Board to fur-
ther update the regulations.
One comment recommended permit-
ting actuaries to attest in their professional
capacities to their completion of continu-
ing education credit, and the establishment
of an appropriate audit process to oversee
compliance with the rules. The comment
further recommended that the Joint Board
undertake random audits of CPE records
to ensure compliance with the attestation
requirement. Similarly, another comment
recommended an enrolled actuary should
be required to certify that he/she has sat-
isfied certain CPE requirements and to
provide information regarding whether or
not he/she has been disciplined or is under
disciplinary review by any professional
body.
One comment suggested that the re-
quirement that a formal program be
attended by at least three individuals
engaged in substantive pension service
may be satisfied, in the case of programs
2
This rule would be applied prospectively. Accordingly, the successful completion of a pension actuarial examination prior to the effective date of this regulation will be recognized for ten
years after such effective date.
2009–46 I.R.B.634November 16, 2009

viewed simultaneously at multiple loca-
tions via teleconference, web cast, confer-
ence call or other similar technology, if the
total combined audience at all locations
contains at least three such individuals.
Several comments recommended vari-
ous electronic means to retain records and
to streamline the application process. One
comment recommended that a qualifying
sponsor be required to keep electronic
copies of the session materials, but make
them accessible to the Joint Board should
they need to be reviewed or audited for
content. Another comment recommended
that the Joint Board provide for on-line re-
newal of enrollment and an on-line process
for an actuary to respond to an audit of
his/her CPE credits. A third comment rec-
ommended that all records be maintained
electronically and that CPE credit hours
be provided and stored electronically, en-
abling the Joint Board to have access to
the credit hours earned by actuaries at all
times and reducing the volume of hard
copy recordkeeping.
One comment recommended extending
the enrollment cycle to 5 years with an in-
crease in the required CPE credits to 60
hours, including a minimum of 8 hours in
each year of the cycle. Another comment
suggested that the current CPE require-
ment (36 credit hours over a three year cy-
cle) is appropriate, with some possible re-
finements such as either reducing the cred-
its that could be earned for each hour as a
presenter and increasing the current limit
on such credits as a portion of total CPE;
allowing CPE credits as a co-author (if not
the primary author); or withholding ses-
sion credit to an attendee for inattentive or
disruptive conduct.
One comment suggested that the reg-
ulations should provide guidance on
renewal of approval for qualifying spon-
sors. There were a few comments that
suggested changing the enrollment cycle
for qualifying sponsors so as not to be
coterminous with the enrolled actuary en-
rollment cycle or to increase the number
of years in the sponsor enrollment cycle.
Another comment suggested the regula-
tions be amended to allow the Joint Board
to periodically publish a list of qualifying
sponsors in order to facilitate a search for
programs that are eligible for CPE credits.
The Joint Board continues to believe
that an important thrust of CPE should be
core subject matter that is directly related
to pension actuarialservices under ERISA
and the Code, an area in which an enrolled
actuary must maintain minimum compe-
tencies at all times. The Joint Board also
believes that there are other relevant non-
core topics that enhance the knowledge of
enrolled actuaries and keep them current in
matters related to the performance of pen-
sion actuarial services. The proposed reg-
ulations would provide a revised definition
of “core” subject matter which the Joint
Board believes will be helpful in distin-
guishing between core and non-core sub-
ject matter. The lists of core and non-core
subject matter are generally unchanged,
but the proposed regulations would pro-
vide that all materials included on the syl-
labi of any of the pension actuarial exam-
inations offered by the Joint Board during
the current and immediately preceding en-
rollment cycles would constitute core sub-
ject matter. The Joint Board also invites
further comments in this area.
With respect to CPE programs, the
proposed regulations would clarify the
permissible forms of qualifying programs.
The regulations would also retain the use
of alternative means for completion of
CPE, but continue to limit the portion of
total CPE that may be earned under these
alternative approaches. The regulations
would also add a provision that awards
CPE credits to a co-author of a publication
or a person listed as a major contributor to
a publication.
The proposed regulations would also
clarify the responsibilities of program
sponsors by requiring that those who sub-
mit requests to the Executive Director
to be recognized as qualifying sponsors
include sufficient information in their re-
quests to establish that their programs
would satisfy the applicable requirements
for qualifying programs.
The Joint Board agrees that new tech-
nologies allow enrolled actuaries and qual-
ifying sponsors more flexibility in their
choices of form and delivery of CPE pro-
grams and should be reflected when grant-
ing CPE credits. However, new technolo-
gies also raise new challenges regarding
verification of attendance and completion
of CPE under certain programs. There-
fore, the proposed regulations would allow
qualifying programs to include both for-
mal programs as well as correspondence or
individual study programs (including au-
dio and/or video taped programs) and tele-
conferencing (including web casts) pro-
vided that the qualifying program meets
certain requirements with regard to verifi-
cation of attendance and measurement of
completion.
The Joint Board also agrees that record-
keeping provisions under the current regu-
lations should be updated. The proposed
regulations would amend the recordkeep-
ing requirements to place more reliance
on qualifying sponsors to maintain records
of the course content since they generally
maintain records of that content in any
event. The enrolled actuaries will now be
required only to retain certificates of com-
pletion and/or instruction as evidence of
satisfaction of CPE requirements. In ad-
dition, the proposed regulations would ex-
pressly allow the Joint Board to request
CPE records from the enrolled actuary and
the qualifying sponsor. The regulations do
not reflect any changes in the method used
to provide information to the office of the
Executive Director. However, the Board is
willing to consider web-based applications
or other technology for this information in
the future.
With respect to the renewal cycle and
required CPE credits, the Joint Board con-
tinues to believe that the current three-year
renewal period is appropriate. The Board,
however, proposes to delay the start date
for the renewal cycle for qualifying spon-
sors by one year after the renewal cycle
for enrolled actuaries in order to ease the
administrative demands on the Executive
Director and his staff, and to facilitate re-
newals by qualifying sponsors.
The proposed regulations would also
retain the current requirement for a total
of 36 hours of CPE (half of which must
be core subject matter) for the initial three-
year enrollment renewal cycle, for individ-
uals who renew on a timely basis. Recog-
nizing, however, that experienced actuar-
ies generally do not need to focus on core
topics as much as newly enrolled actuar-
ies, the proposed regulations would reduce
the number of core CPE credits required
after the enrolled actuary’s initial enroll-
ment renewal from 18 required core hours
to 12 required core hours. The Joint Board
also believes that enrolled actuaries should
maintain high professional standards and
thus proposes a new requirement that a
minimum of two hours of core CPE be al-
located to ethical standards in each enroll-
ment cycle. Topics that would meet this re-
November 16, 20096352009–46 I.R.B.

quirement include (but are not limited to)
discussions of professional codes of con-
duct, professional responsibilities, and any
of the topics addressed in section 901.20 of
these proposed regulations.
The Joint Board believes that formal
programs should continue to play a promi-
nent role in fulfilling CPE requirements
because of the additional learning oppor-
tunities that occur in face-to-face interac-
tions with other enrolled actuaries. There-
fore, no change is proposed to the current
requirement that a formal program must
have at least three individuals in atten-
dance who are engaged in substantive pen-
sion service. Furthermore, the proposed
regulations would add a new requirement
that a minimum of one-third of the re-
quired total CPE credits must be in the
form of formal programs.
The proposed regulations would also
retain current limits on the maximum num-
ber of CPE credits that can be obtained un-
der alternative CPE programs, such as au-
thoring published articles (25 percent), as
a percentage of total CPE per enrollment
cycle. Under the proposed regulations,
however, college courses will no longer be
available as an alternative program for pur-
poses of fulfilling CPE requirements (un-
less they meet the requirements of a qual-
ifying program) due to the practical diffi-
culties in evaluating course curricula and
the qualifications of the instructors. De-
spite the elimination of the specific list of
conditions that would support a waiver,
circumstances such as extended active mil-
itary duty will continue to constitute strong
evidence of the type of extraordinary cir-
cumstances that would justify a waiver.
C. Waivers of the CPE Requirements
One comment suggested expanding
the list of conditions for which a waiver
from CPE requirements may be granted
to include parental leave. Another com-
ment recommended that applications for
a waiver of the CPE requirements be
accepted during the normal enrollment re-
newal process, subject to the Joint Board’s
discretion to accept late filings. A third
comment did not perceive problems with
the current waiver process and standards.
There were no other specific recommen-
dations regarding this issue except in con-
junction with proposals regarding changes
in enrollment status.
The Joint Board believes that it is es-
sential for practicing actuaries to keep their
knowledge current, particularly given the
frequent changes in pension law, court de-
cisions, and other factors that affect an en-
rolled actuary’s practice. Accordingly, and
in light of the expanded varieties of accept-
able CPE programs, the proposed regula-
tions would eliminate the list of reasons
for which a CPE waiver may be granted
and provide instead that a waiver from the
CPE requirements may be granted only un-
der extraordinary circumstances and only
upon submission of evidence that every ef-
fort was made during the entire renewal
cycle to complete such requirements. De-
spite the elimination of the specific list of
conditions that would support a waiver,
circumstances such as extended active mil-
itary duty will continue to constitute strong
evidence of the type of extraordinary cir-
cumstances that would justify a waiver.
D. Enrollment Status
Several comments were directed to the
status for “inactive retirement” which may
be elected by an actuary. One comment
suggested that the Joint Board allow for
some flexibility in the renewal process in
order to reduce the need for individuals
to request inactive retirement status and to
ensure a minimal period of disruption of
actuarial services to plans and employers.
For example, it was recommended that any
CPE credit hours completed between De-
cember 31 (or the end of the enrollment pe-
riod by which CPE credits must be earned
for that period) and the date the applica-
tion for renewal is filed be permitted to
be used to satisfy the CPE requirement
for renewal of enrollment effective April
1. Thus, the comment stated that an en-
rolled actuary who files an application for
renewal after March 1 due to delayed com-
pletion of the CPE requirement should be
eligible to perform services as an enrolled
actuary 30 days after theapplication filing
date unless notified otherwise by the Joint
Board. However, these delayed CPE cred-
its would not be permitted to be applied to
another enrollment cycle.
Under the current regulations, an actu-
ary in inactive retirement status is ineligi-
ble to perform services as an enrolled ac-
tuary, but the actuary may be reinstated by
completing the “required continuing pro-
fessional education credits for the appli-
cable enrollment cycle” regardless of how
long the actuary was inactive. Several
comments stated that this status, and the
requirements for reinstatement, were un-
clear. Some comments suggested that in-
active retirement status be available for
no more than three consecutive three-year
enrollment cycles, but that if the individ-
ual has been retired for less than three
three-year enrollment cycles, the actuary
would be allowed to “back fill” any miss-
ing CPE requirements.
One comment recommended that the
regulations be revised to extend inactive
status to six years (or a maximum of two
three-year enrollment cycles). The com-
ment stated that three years is too short
since an enrolled actuary often leaves the
workforce for child-rearing or other rea-
sons, and should not be discouraged from
resuming his/her career. Another com-
ment recommended that the regulations be
clarified to specify more clearly the CPE
requirements for reinstatement as of var-
ious points of time during the following
three-year cycle, and the relationship of
those CPE requirements with the require-
ments for ongoing renewal after reinstate-
ment. One comment suggested special
catch-up requirements where an individ-
ual would have to “back fill” any miss-
ing CPE requirements (for example, 108
hours of CPE credits would be required
for an actuary who had missed two enroll-
ment renewal cycles, with 36 credits re-
quired for each inactive enrollment cycle
plus 36 credits required for the enrollment
cycle immediately preceding the date on
which the individual returns to active sta-
tus). The comment suggested that any in-
dividual who fails to complete the neces-
sary back fill would need to follow cur-
rent reenrollment procedures. The com-
ment further stated that, depending on the
circumstances, a waiver of some CPE re-
quirements may be permitted for an en-
rolled actuary going from inactive to active
status.
The Joint Board agrees that the cur-
rent rules relative to the different inactive
statuses warrant simplification. The pro-
posed regulations would limit enrollment
statuses to only two categories, “active”
or “inactive,” with special provisions for
reinstatement depending on the length of
the period during which an enrolled actu-
ary is in inactive status and for those sit-
uations where an actuary’s status is termi-
2009–46 I.R.B.636November 16, 2009

nated for cause. An enrolled actuary who
timely renews his/her enrollment would be
in active status. An enrolled actuary who
fails to meet requirements for timely re-
newal of enrollment would be in inactive
status. While in inactive status, an en-
rolled actuary would be prohibited from
performing pension actuarial services un-
der ERISA and the Code.
The Joint Board also believes that the
longer an actuary has been in inactive sta-
tus, the less likely it is that he/she has
kept up with current developments or had
the current work experience necessary to
competently function as an enrolled actu-
ary. The proposed regulations would in-
crease the CPE requirements and/or add
experience requirements for reenrollment
for actuaries in inactive status, with more
stringent requirements applying to those
who have been inactive for a longer period
of time. Under the proposed regulations,
an individual who applies for reenrollment
during his or her first inactive enrollment
cycle would need to complete 36 hours of
CPE (including CPE credits from the im-
mediately preceding enrollment cycle) in
order to qualify for reenrollment. An indi-
vidual who applies during the second inac-
tive enrollment cycle would need to com-
plete 48 hours of CPE (counting only those
credits earned during the first and second
inactive enrollment cycles) and must also
have 18 months of certified responsible
pension actuarial experience since the start
of the first inactive cycle. An individ-
ual who applies during the third active en-
rollment cycle would need to complete 60
hours of CPE (counting only those credits
earned during the second and third inactive
enrollment cycles) and have 18 months of
certified responsible pension actuarial ex-
perience since the start of the second in-
active cycle. The proposed regulations
present some examples to illustrate these
changes.
Furthermore, the proposed regulations
would limit the time that an enrolled ac-
tuary can be in inactive status and remain
eligible to apply for reenrollment. If the
enrolled actuary does not qualify and ap-
ply for reenrollment after being in inactive
status for three enrollment cycles, he or she
would be placed in terminated status and
would have to meet the requirements for
initial enrollment (including the applicable
examination requirements) in order to be
reinstated as an enrolled actuary.
Notwithstanding these general rules
for reenrollment from inactive status, any
application for reenrollment from termi-
nation status due to disciplinary reasons
would be subject to special consideration
by the Executive Director. An individual
placed in inactive status prior to the effec-
tive date of the final regulations would be
deemed to have been placed in inactive
status on that date and thus considered to
be in his/her first inactive enrollment cycle
on that date for purposes of determining
the requirements for a return to active sta-
tus.
E. Standards of Conduct
One comment states that the Joint
Board has not been very active in investi-
gating and disciplining enrolled actuaries
whose performance does not meet appli-
cable standards. One comment suggested
that the Joint Board consider utilizing
the Actuarial Board for Counseling and
Discipline as an independent contractor
to investigate complaints. Alternatively,
it was recommended that the Joint Board
either require an enrolled actuary to be-
come a member of a professional actuarial
organization as a condition of enrollment
(thereby subjecting the member to the
Actuarial Code of Professional Conduct
(Code of Conduct) to which all the ma-
jor actuarial organizations in the U.S.
and Canada subscribe), or incorporate the
Code of Conduct into the regulations.
Another comment stated that, unlike
other professionals, an enrolled actuary is
not compelled to operate within certain
standards by the underlying threat that fail-
uretodosowillresultinthelossofhis/her
license to practice in the profession. Even
if an enrolled actuary is a member of an ac-
tuarial organization and subject to that or-
ganization’s disciplinary procedures, this
comment suggested that the Joint Board
not rely on these organizations in this area,
butratherthattheJointBoardmoreac-
tively utilize its current authority under
ERISA to supervise and evaluate the pro-
vision of actuarial services and to disci-
pline enrolled actuaries. This comment
also suggested that the Joint Board periodi-
cally publish information regarding the na-
ture and types of complaints received, the
number of actuaries disciplined and the na-
ture of the discipline. This comment in-
dicated that publicizing such information
would reassure the public that complaints
are being acted upon and encourage com-
pliance with the applicable standards.
Another comment recommended that
the Board coordinate with other actuarial
or governmental bodies, for example, the
IRS or PBGC, so that if any other body
finds that an enrolled actuary has violated
the standards of conduct, performance or
practice relating to the performance of ac-
tuarial services, including all applicable
regulations and revenue rulings, the re-
spective body will refer the offending indi-
vidual to the Joint Board for possible sus-
pension or termination of his/her enroll-
ment.
One comment reiterated a concern that
actuaries who do not have significant cre-
dentials in the health tax area should not be
encouraged to engage in unqualified prac-
tice under the Code, or in an area where
they do not meet the qualification stan-
dards in accordance with the Code of Con-
duct. The commentator recommended that
the Joint Board outline those areas where
the enrolled actuary may rely on the ex-
pertise of another actuary and any qualifi-
cations needed for those other actuaries as
appropriate.
One comment stated that the standards
of performance of actuarial services set
forth in current regulations are adequate.
The comment suggested, however, in the
event the Board were to decide that these
standards need to be expanded, that any
differences from the Code of Conduct be
kept to a minimum or, wherever possible,
any expanded regulatory standards should
incorporate the applicable parts of the
Code of Conduct.
In light of the responses to the RFI
regarding actuarial standards of perfor-
mance, the proposed regulations would
clarify existing provisions in this area and
add some new provisions. Specifically,
the proposed regulations would add a
new general standard that would require
enrolled actuaries to perform actuarial
services in accordancewith all applicable
laws and the relevant standards of pro-
fessional responsibility and, as under the
current regulations, require that enrolled
actuaries not perform any actuarial ser-
vices where those services may be used in
a fraudulent manner. The proposed regu-
lations would also provide that an enrolled
actuary must report any material violation
of this section by another enrolled actu-
November 16, 20096372009–46 I.R.B.

ary to the Executive Director of the Joint
Board. For example, an enrolled actuary
that replaces another enrolled actuary as
a plan’s actuary and discovers that the
previous actuary had signed a Schedule
B that listed plan contributions that the
previous actuary knew had not been made
would be required to report this violation
to the Executive Director.
The proposed regulations would also
modify the rules regarding conflicts of in-
terest. The regulations currently provide
that in any situation in which an enrolled
actuary has a conflict of interest with re-
spect to the performance of actuarial ser-
vices, the actuary shall not perform such
services until full disclosure of the conflict
has been made to the affected parties. The
proposed regulations would add that such
disclosure must be made in writing and
that the affected parties must agree in writ-
ing to the enrolled actuary performing the
services. The proposed regulations would
also provide that the actuary must reason-
ably conclude that his or her ability to act
impartially is not impaired by the conflict
and the performance of such services is not
prohibited by law.
The current regulations also provide
that an enrolled actuary must exercise
due care, skill, prudence, and diligence to
ensure that all actuarial assumptions are
reasonable in the aggregate and that all
calculations are accurately carried out. To
reflect changes made in the law made by
the Pension Protection Act of 2006, Public
Law 109–280, the proposed regulations
would provide that an enrolled actuary
must exercise sufficient due care, dili-
gence, skill, and prudence as is required
to ensure that all actuarial assumptions
are reasonable individually and in combi-
nation. The proposed regulations would
also require that all calculations not only
be accurately carried out but also properly
documented.
The proposed regulations would also
expressly expand the due diligence re-
quirement into other areas. For example,
the proposed regulations would require
that an enrolled actuary must exercise due
diligence in preparing documents to be
filed with Federal and State entities and
in determining the correctness of oral and
written representations to those entities
and to clients. This section of the proposed
regulations follows section 10.22(a) of
the regulations governing practice before
the IRS (Circular 230) except to include
other agencies where enrolled actuaries
typically file documents or make represen-
tations in connection with the performance
of pension actuarial services.
The proposed regulations would also
include other provisions similar to those in
Circular 230 regarding solicitations of em-
ployment. For example, the current reg-
ulations provide that an enrolled actuary
shall not advertise his or her status as an
enrolled actuary in any solicitation related
to the performance of actuarial services
and shall not employ or share fees with
any individual who so solicits. The pro-
posed regulations would modify this pro-
hibition by adding a rule similar to that in
section 10.30(a)(1) of Circular 230 by pro-
viding that an enrolled actuary may not use
any form of public or private solicitation
containing a false, fraudulent, or mislead-
ing claim. Also, as provided in section
10.30(a)(2) of Circular 230, the proposed
regulations would provide that an enrolled
actuary may not make uninvited solicita-
tions of employment if the solicitation vi-
olates Federal or State law and any lawful
solicitations must clearly identify the so-
licitation as such and, if applicable, iden-
tify the source of the information used in
choosing the recipient of the solicitation.
The proposed regulations would also
include provisions similar to those in
Circular 230 regarding the prompt dispo-
sition of pending matters and the return
of client records, except the Circular 230
rules would be modified for purposes of
these regulations to reflect the fact that
enrolled actuaries deal with government
entities in addition to the IRS. Thus, as
under section 10.23 of Circular 230, the
proposed regulations would provide that
an enrolled actuary may not unreason-
ably delay the prompt disposition of any
matter before the IRS, but the proposed
regulations would extend the rule for these
purposes to matters before the Department
of Labor, the PBGC and other applicable
Federal and State entities. Similarly, the
proposed regulations would adopt provi-
sions similar to those in section 10.27 of
Circular 230 regarding the return and re-
tention of client’s records, but they would
define “records of the client” for these
purposes to include documents related to
legal obligations in addition to Federal tax
obligations. The provisions of these pro-
posed regulations would not modify the
Circular 230 regulations but would apply
rules to enrolled actuaries in addition to
those already applicable under Circular
230.
The Joint Board believes that the cur-
rent structure and procedures for the disci-
plining of enrolled actuaries are adequate
and consistent with Federal statutes and so
is not proposing any changes to the exist-
ing regulations in this regard. The Joint
Board emphasizes that anyone, including
other members of the profession and plan
officials and participants, can make refer-
rals to the Executive Director regarding
any suspicious activity or conduct that may
warrant further investigation or discipline.
The Joint Board is also considering in a
separate action amending the application
forms for enrollment and renewal to re-
quire additional information that may be
relevant to standards of performance, in-
cluding any record of violations of the law
or prior misconduct, and requests com-
ments in that regard.
Proposed Effective/Applicability Date
These regulations are proposed to gen-
erally apply 30 days after the date these
regulations are published as final regula-
tions in theFederal Register. However,
section 901.11 regarding the enrollment of
actuaries would apply to the enrollment
cycle beginning January 1, 2011, and end-
ing December 31, 2013, and to all subse-
quent enrollment cycles.
Special Analyses
It has been determined that this notice
of proposed rulemaking is not a signifi-
cant regulatory action as defined in Exec-
utive Order 12866. Therefore, a regula-
tory assessment is not required. It also has
been determined that section 553(b) of the
Administrative Procedure Act (5 U.S.C.
chapter 5) does not apply to these regula-
tions, and therefore the Regulatory Flexi-
bility Act (5 U.S.C. chapter 6) does not ap-
ply. This notice of proposed rulemaking
will be submitted to the Chief Counsel for
Advocacy of the Small Business Adminis-
tration for comment on its impact on small
business.
2009–46 I.R.B.638November 16, 2009

Comments and Requests for Public
Hearing
Before these proposed regulations are
adopted as final regulations, consideration
will be given to any written (a signed origi-
nal and eight (8) copies) or electronic com-
ments that are submitted timely to the IRS.
The Joint Board specifically requests com-
ments on the clarity of the proposed reg-
ulations and how they may be made eas-
ier to understand. All comments will be
available for public inspection and copy-
ing. A public hearing will be scheduled
ifrequestedinwritingbyanypersonthat
timely submits written comments. If a
public hearing is scheduled, notice of the
date, time, and place for the public hearing
will be published in theFederal Register.
Drafting Information
The principal author of these regula-
tionsisCarolynZimmerman,IRSEm-
ployee Plans, Tax Exempt and Govern-
ment Entities Division. However, other
personnel from the Joint Board and the IRS
participated in their development.
*****
Proposed Amendments to the
Regulations
Accordingly, 20 CFR part 901 is pro-
posedtobeamendedasfollows:
PART 901—REGULATIONS
GOVERNING THE PERFORMANCE
OF ACTUARIAL SERVICES UNDER
THE EMPLOYEE RETIREMENT
INCOME SECURITY ACT OF 1974.
Paragraph 1. The authority citation for
part 901 continues to read in part as fol-
lows:
Authority: These rules are issued under
authority of 88 Stat. 1002; 29 U.S.C. 1241,
1242. See also 5 U.S.C. 301; 31 U.S.C.
330;and31U.S.C.321
Par. 2. Section 901.0 is amended by re-
vising the second sentence to read as fol-
lows:
§901.0 Scope.
***SubpartAofthispartsetsforthdefi-
nitions and eligibility to perform actuarial
services; subpart B of this part sets forth
rules governing the enrollment of actuar-
ies; subpart C of this part sets forth stan-
dards of performance to which enrolled ac-
tuaries must adhere; subpart D of this part
sets forth rules applicable to suspension
and termination of enrollment; and subpart
E of this part sets forth general provisions.
Par. 3. Section 901.1 is amended by:
A. Adding new paragraph (d)(5).
B. Revising paragraph (g).
C. Adding new paragraphs (i), (j) and
(k).
The revisions and additions read as fol-
lows:
§901.1 Definitions.
*****
(d)***
(5) Selection of assumptions.
*****
(g)Enrolled actuarymeans an individ-
ual who has satisfied the standards and
qualifications set forth in this part and
who has been approved by the Joint Board
for the Enrollment of Actuaries (the Joint
Board), or its designee, to perform actuar-
ial services required under ERISA or the
regulations.
*****
(i)Certified responsible actuarial expe-
riencemeans responsible actuarial experi-
ence of an individual that has been certi-
fied in writing by the individual’s supervi-
sor.
(j)Certified responsible pension actu-
arial experiencemeans responsible pen-
sion actuarial experience of an individual
that is certified in writing by the individ-
ual’s supervisor if the supervisor is an en-
rolled actuary. If the individual’s super-
visor is not an enrolled actuary, the pen-
sion actuarial experience must be certified
in writing by both the supervisor and an en-
rolled actuary with knowledge of the indi-
vidual’s pension actuarial experience.
(k)Enrollment cyclemeans the three
year period from January 1, 2011, to De-
cember 31, 2013, and every three year pe-
riod thereafter.
Par. 4. Section 901.10 is amended by
revising paragraph (a) to read as follows:
§901.10 Application for enrollment.
(a)Form.As a requirement for enroll-
ment, an applicant shall file with the Exec-
utive Director of the Joint Board (the Exec-
utive Director) a properly executed appli-
cation on a form or forms specified by the
Joint Board, and shall agree to comply with
these regulations and any other guidance
as required by the Joint Board. A reason-
able non-refundable fee may be charged
for each application for enrollment filed.
*****
Par. 5. Section 901.11 is amended by:
A. Revising the first sentence of para-
graph (a).
B. Revising paragraphs (c) and (d).
C. Revising paragraph (e), introductory
text, (e)(1) and (e)(2)(i).
D. Revising the last sentence of para-
graph (e)(2)(ii).
E. Adding new paragraphs (e)(2)(iv),
(v), and (vi).
F. Removing paragraph (e)(3).
G. Revising paragraphs (f)(1), (f)(1)(i).
H. Revising the second sentence
of paragraph (f)(1)(ii), and paragraph
(f)(1)(iv).
I. Revising paragraph (f)(2).
J. Adding paragraph (f)(3).
K. Revising paragraph (g).
L. Removing the last two sentences of
paragraph (h)(2).
M. Removing paragraph (l).
N. Redesignating paragraphs (i), (j),
and (k) as paragraphs (j), (k), and (l), re-
spectively.
O. Adding and reserving new paragraph
(i)
P. Revising newly redesignated para-
graphs (j) and (k).
Q. Revising the first sentences of newly
redesignated paragraphs (l)(1) and (l)(2),
and the second sentence of newly redesig-
nated paragraph (l)(3).
R. Revising newly redesignated para-
graphs (l)(4), (l)(5), (l)(6), and (l)(7), and
the first sentence of newly redesignated
paragraph (l)(9).
S. Revising paragraph (n).
T. Adding new paragraphs (o) and (p).
The revisions and additions read as fol-
lows:
§901.11 Enrollment procedures.
(a)Enrollment
. The Joint Board shall
enroll each applicant it determines has met
the requirements of these regulations, and
any other guidance as required by the Joint
Board, and shall so notify the applicant.
***
November 16, 20096392009–46 I.R.B.

*****
(c)Rosters. The Executive Director
shall maintain rosters of all actuaries who
are duly enrolled under this part and of
all individuals whose enrollment has been
suspended or terminated, or who are in in-
active status. The Executive Director may
publish any or all of these rosters, includ-
ing display on the Joint Board’s website, to
the extent permitted by law.
(d)Renewalofenrollment.To maintain
active enrollment to perform actuarial ser-
vices under ERISA, each enrolled actuary
is required to have his/her enrollment re-
newed as set forth herein.
(1) All enrolled actuaries must file an
application for renewal of enrollment on
the prescribed form between October 1,
2010, and March 1, 2011, and between
October 1 and March 1 of every third year
thereafter.
(2) The effective date of renewal of
enrollment for individuals who file com-
plete renewal applications by March 1
is the April 1 immediately following the
date of application. The effective date of
renewal of enrollment for individuals who
file complete renewal applications after
March1isthedatethenoticeofrenewal
is mailed to that individual by the Joint
Board.
(3) Forms required for renewal may be
obtained from the Executive Director.
(4) A reasonable non-refundable fee
may be charged for each application for
renewal of enrollment filed.
(e)Condition for renewal: Continuing
professional education.To qualify for re-
newal of enrollment, an enrolled actuary
must certify, on the form prescribed by the
Executive Director, that he/she has com-
pleted the applicable minimum number of
hours of continuing education credit re-
quired by this paragraph (e) and satisfied
the recordkeeping requirements of para-
graph (j) of this section.
(1)Transition rule for renewal of enroll-
ment effective April 1, 2011. (i) A mini-
mum of 36 hours of continuing education
credit must be completed between January
1, 2008, and December 31, 2010. Of the 36
hours, at least 18 must consist of core sub-
ject matter; the remainder may be non-core
subject matter.
(ii) An individual who receives ini-
tial enrollment in 2008 or 2009 must
satisfy the following requirements by
December 31, 2010: Those enrolled
during 2008 must complete 24 hours
of continuing education; those enrolled
during 2009 must complete 12 hours of
continuing education. At least one-half
of the applicable hours must consist of
core subject matter; the remainder may
consist of non-core subject matter. For
purposes of this paragraph (e), credit
will be awarded for continuing education
completed after January 1 of the year in
which initial enrollment was received.
(iii) An individual who receives initial
enrollment during 2010 is exempt from
the continuing education requirements un-
til the next enrollment cycle, but must file
a timely application for renewal.
(2)For renewal of enrollment effec-
tive April 1, 2014, and every third year
thereafter.(i) A minimum of 36 hours
of continuing education credit must be
completed between January 1, 2011, and
December 31, 2013, and between January
1 and December 31 for each three year
period subsequent thereto.
(ii) * * * For purposes of this paragraph
(e), credit will be awarded for continuing
education completed after January 1 of the
year in which initial enrollment was re-
ceived.
*****
(iv) For an individual who was initially
enrolled before January 1, 2008 (and who
has therefore completed at least one full
enrollment cycle as of January 1, 2011), at
least 12 hours of the 36 hours of continuing
education required for each enrollment cy-
cle must consist of core subject matter; the
remainder may consist of non-core subject
matter.
(v) For an individual who was initially
enrolled on or after January 1, 2008, at
least 18 hours of his or her 36 hours of
continuing education required for the first
full enrollment cycle must consist of core
subject matter. Thereafter, for such in-
dividuals, for each subsequent enrollment
cycle at least 12 hours of the 36 hours
must consist of core subject matter. In
each instance, the remainder may consist
of non-core subject matter.
(vi) As part of the core subject matter
required for each enrollment cycle, an in-
dividual must complete a minimum of two
hours of continuing education credit relat-
ing to ethical standards.
(f)Qualifying continuing educa-
tion—(1)In general. To qualify for
continuing education credit an enrolled
actuary must complete his/her hours of
continuing education credit under a qual-
ifying program, within the meaning of
paragraph (f)(2) of this section, consisting
of core and/or non-core subject matter.
In addition, a portion of the continuing
education credit may be earned under the
provisions of paragraph (g) of this sec-
tion. In any event, no less than 1/3 of the
total hours of continuing education credit
required for an enrollment cycle must be
obtained by attending in person a formal
program or programs, within the meaning
of paragraph (f)(2)(ii)(A) of this section.
(i) Core subject matter is program con-
tent and knowledge that is integral and
necessary to the satisfactory performance
of pension actuarial services and actuar-
ial certification under ERISA and the In-
ternal Revenue Code. Such core subject
matter includes the characteristics of actu-
arial cost methods under ERISA, actuarial
assumptions, minimum funding standards,
titles I, II, and IV of ERISA, requirements
with respect to the valuation of plan as-
sets, requirements forqualification of pen-
sion plans, maximum deductible contribu-
tions, tax treatment ofdistributions from
qualified pension plans, excise taxes re-
lated to the funding of qualified pension
plans and standards of performance (in-
cluding ethical standards) for actuarial ser-
vices. Core subject matter includes all ma-
terials included on the syllabi of any of the
pension actuarial examinations offered by
the Joint Board during the applicable en-
rollment cycles. For this purpose, the ap-
plicable enrollment cycles are the current
enrollment cycle and the enrollment cycle
immediately preceding the current enroll-
ment cycle.
(ii) * * * Examples include econom-
ics, computer programming, pension ac-
counting, investment and finance, risk the-
ory, communication skills, and business
and general tax law.
*****
(iv) The same course of study cannot
be used more than once within a given
36-month period to satisfy the continu-
ing education requirements of these regu-
lations. A program or session bearing the
same or a similar title to a previous one
maybeusedtosatisfytherequirements
of these regulations if the major content
2009–46 I.R.B.640November 16, 2009

of the program or session differs substan-
tively from the previous one.
(2)Qualifying Program—(i)In gen-
eral. A qualifying program is a course of
learning that—
(A) Is conducted by a qualified sponsor,
within the meaning of paragraph (f)(3) of
this section;
(B) Is developed by individual(s) qual-
ified in the subject matter;
(C) Covers current subject matter;
(D) Includes written outlines or text-
books;
(E) Is taught by instructors, discussion
leaders, and speakers qualified with re-
spect to the course content;
(F) Includes means for evaluation by
the Joint Board of technical content and
presentation;
(G) Provides a certificate of comple-
tion, within the meaning of paragraph
(f)(3)(iv) of this section, to those who have
successfully completed the program; and
(H) Provides a certificate of instruction,
within the meaning of paragraph (f)(3)(v)
of this section, to those who have served
as instructors, discussion leaders, or speak-
ers.
(ii)Types of qualifying programs.Qual-
ifying programs may be formal programs,
correspondence or individual study pro-
grams, and teleconferencing:
(A)Formal programs.Formalpro-
grams are programs that meet all of the
requirements of paragraph (f)(2)(i) of this
section and also require physical atten-
dance by at least three individuals engaged
in substantive pension service in addi-
tion to the instructor, discussion leader, or
speaker.
(B)Correspondence or individual study
programs (including audio and/or video
taped programs).Correspondence or indi-
vidual study programs are programs com-
pleted on an individual basis by the en-
rolled actuary. Such programs are quali-
fying programs if they meet all of the re-
quirements of paragraph (f)(2)(i) of this
section and also provide a means for mea-
suring completion by the participants (for
example, a written examination).
(C)Teleconferencing.Teleconferenc-
ing or other communications technologies
(including webcasting) are qualifying pro-
grams if they meet all of the requirements
under paragraph (f)(2)(i) of this section
and either—
(1) Include a sign-on/sign-off capacity
or similar technique to verify attendance;
or
(2) Provide a means for measuring com-
pletion by the participants (for example, a
written examination).
(3)Qualifying sponsors—(i)In gen-
eral. Qualifying sponsors are organiza-
tions recognized by the Executive Director
whose programs offer opportunities for
continuing professional education in sub-
ject matter within the scope of this section.
A sole proprietor shall not be treated as
a qualifying sponsor for purposes of this
section.
(ii)Sponsor agreements. Organizations
requesting qualifying sponsor status shall
file sponsor agreement requests with the
Executive Director and furnish informa-
tion in support of such requests as deemed
necessary for approval by the Executive
Director. Such information shall include
sufficient information to establish that all
programs designated as qualifying pro-
grams offered by the qualifying sponsor
will satisfy the requirements of paragraph
(f)(2) of this section.
(iii)Sponsor enrollment cycle.Qualify-
ing sponsor agreements will remain in ef-
fect for no more than one sponsor enroll-
ment cycle. The Executive Director shall
publish the names of such sponsors on a
periodic basis.
(A) For sponsor agreements effective
on or after January 1, 2008, and before
January 1, 2012, the applicable sponsor
enrollment cycle will end December 31,
2011.
(B) For sponsor agreements effective
on or after January 1, 2012, the applica-
ble sponsor enrollment cycle will be three
yearsandwillbeginonJanuary1andend
on December 31 at the end of the three year
period. Each such three year period is a
“sponsor enrollment cycle.” The sponsor
enrollment cycle is not affected by when
during the enrollment cycle the sponsor
agreement became effective. For exam-
ple, for sponsor agreements effective on or
after January 1, 2012 and before January
1, 2015, the applicable sponsor enrollment
cycle will end December 31, 2014. The
subsequent sponsor enrollment cycle will
begin January 1, 2015, and end December
31, 2017.
(iv)Certificates of completion.Qual-
ifying sponsors shall furnish to each at-
tendee successfully completing a program
presented by such qualifying sponsor a cer-
tificate listing the following information:
(A) The name of the attendee.
(B) The name of the sponsoring organ-
ization.
(C) The title, location, and speaker(s) of
each session attended.
(D) The dates of the program com-
pleted.
(E) The total credit hours claimed and
the total core and non-core credit hours
claimed.
(v)Certificates of instruction.Qualify-
ing sponsors shall furnish to each instruc-
tor, discussion leader, or speaker, a certifi-
cate listing the following information:
(A) The name of the instructor, discus-
sion leader, or speaker.
(B) The name of the sponsoring organ-
ization.
(C) The title and location of the pro-
gram.
(D) The dates of the program.
(E) The total credit hours claimed and
the total core and non-core credit hours
claimed for the program.
(g)Alternative means for completion of
credit hours—(1)In general. In addition to
credit hours completed under paragraph (f)
of this section, an enrolled actuary may be
awarded continuing education credit under
the provisions of this paragraph (g).
(2)Serving as an instructor, discussion
leader or speaker.
(i) Four credit hours
(that is, 200 minutes) of continuing edu-
cation credit will be awarded for each 50
minutes completed as aninstructor, discus-
sion leader, or speaker at a qualifying pro-
gram which meets the continuing educa-
tion requirements of paragraph (f) of this
section.
(ii) The credit for instruction and prepa-
ration may not exceed 50 percent of the
continuing education requirement for an
enrollment cycle.
(iii) Presentation of the same material as
an instructor, discussion leader, or speaker
more than one time in any 36 month period
will not qualify for continuing education
credit. A program will not be considered
to consist of the same material if a substan-
tial portion of the content has been revised
to reflect changes in the law or practices
relative to the performance of pension ac-
tuarial service.
(iv) Credit as an instructor, discussion
leader, or speaker will not be awarded to
panelists, moderators, or others who are
November 16, 20096412009–46 I.R.B.

not required to prepare substantive sub-
ject matter for their portion of the pro-
gram. However, such individuals may be
awarded credit for attendance, provided
the other provisions of this section are met.
(v) The nature of the subject matter will
determine if credit will be of a core or non-
core nature.
(3)Credit for publications.(i)Con-
tinuing education credit will be awarded
for the creation of peer-reviewed materials
for publication or distribution with respect
to matters directly related to the continu-
ing professional education requirements of
this section. Credit will be awarded to the
author, co-author, or a person listed as a
major contributor.
(ii) One hour of credit will be allowed
for each hour of preparation time of the
material. It will be the responsibility of
the person claiming the credit to maintain
records to verify preparation time.
(iii) Publication or distribution may uti-
lize any available technology for the dis-
semination of written, visual or auditory
materials.
(iv) The materials must be available on
reasonable terms for acquisition and use by
all enrolled actuaries.
(v) The credit for the creation of materi-
als may not exceed 25 percent of the con-
tinuing education requirement of any en-
rollment cycle.
(vi) The nature of the subject matter
will determine if credit will be of a core
or non-core nature.
(vii) Publication of the same material
more than one time will not qualify for
continuing education credit. A publication
will not be considered to consist of the
same material if a substantial portion has
been revised to reflect changes in the law
or practices relative to the performance of
pension actuarial service.
(4)Service on Joint Board advisory
committee(s). Continuing education credit
may be awarded by the Joint Board for ser-
vice on (any of) its advisory committee(s),
to the extent that the Joint Board considers
warranted by the service rendered.
(5)Preparation of Joint Board exami-
nations. Continuing education credit may
be awarded by the Joint Board for partici-
pation in drafting questions for use on Joint
Board examinations or in pretesting its ex-
aminations, to the extent the Joint Board
determines suitable. Such credit may not
exceed 50 percent of the continuing pro-
fessional education requirement for the ap-
plicable enrollment cycle.
(6)Examinations sponsored by profes-
sional organizations or societies. Individ-
uals may earn continuing professional edu-
cation credit for achieving a passing grade
on proctored examinations sponsored by a
professional organization or society recog-
nized by the Joint Board. Such credit is
limited to the number of hours scheduled
for each examination and may be applied
only as non-core credit provided the con-
tent of the examination is core or non-core.
No credit may be earned for hours attribut-
able to any content that is neither core nor
non-core.
(7)Joint Board pension examination.
Individuals may establish eligibility for re-
newal of enrollment for any enrollment cy-
cle by—
(i) Achieving a passing score on the
Joint Board pension examination, as de-
scribed in §901.12(d)(1)(i), administered
under this part during the applicable en-
rollment cycle; and
(ii) Completing a minimum of 12 hours
of qualifying continuing education by at-
tending a formal program during the same
applicable enrollment cycle. This option
of satisfying the continuing professional
education requirements is not available to
those who receive initial enrollment during
the enrollment cycle.
*****
(i) [Reserved]
(j)Record keeping requirements—(1)
Qualified sponsors. A qualified sponsor
must maintain records to verify satisfac-
tion of the requirements of this section.
Such records must be retained for a pe-
riod of six years following the end of the
sponsor enrollment cycle in which the pro-
gram is held. In the case of programs of
more than one session, records must be
maintained to verify completion of the pro-
gram and attendance by each participant at
each session of the program. Copies of any
certificates of completion and certificates
of instruction issued to the participants in
each program must be retained.
(2)Enrolled actuaries—(i)Qualifying
program credits as student. To receive
continuing education credit for completion
of hours of continuing education credits
under paragraph (f) of this section, an en-
rolled actuary must retain all certificates of
completion evidencing completion of such
hours for the three-year period following
the end of the applicable enrollment cycle.
(ii)Qualifying program credits as
teacher or instructor.To receive contin-
uing education credit for completion of
hours earned under paragraph (g)(2) of this
section, an enrolled actuary must retain
all certificates of instruction evidencing
completion of such hours for the three year
period following the end of the applicable
enrollment cycle.
(iii)Credit for publications. To receive
continuing education credit for a publica-
tion under paragraph (g)(3) of this section,
the following information must be main-
tained by the enrolled actuary for the three
year period following the end of the appli-
cable enrollment cycle:
(A) The name of the publisher.
(B) The title and author of the publica-
tion.
(C) A copy of the publication.
(D) The date of the publication.
(E) The total credit hours claimed and
the total core and non-core credit hours
claimed.
(iv)Other credits. To receive contin-
uing education credit for hours earned un-
der paragraphs (g)(4) through (g)(7) of this
section, an enrolled actuary must retain
sufficient documentation to establish com-
pletion of such hours for the three-year pe-
riod following the end of the applicable en-
rollment cycle.
(k)Waivers.(1) Waiver from the con-
tinuing education requirements for a given
period may be granted by the Executive
Director only under extraordinary circum-
stances, and upon submission of suffi-
cient evidence that every effort was made
throughout the renewal cycle to complete
such continuing education requirements
through any one or more of the various
qualifying programs offered by one or
more of the qualified sponsors.
(2)Arequestforwaivermustbeac-
companied by appropriate documentation.
The individual will be required to furnish
any additional documentation or explana-
tion deemed necessary by the Executive
Director.
(3) The individual will be notified by
the Executive Director of the disposition
of the request for waiver. If the waiver is
not approved, and the individual does not
otherwise satisfy the continuing education
requirements within the allotted time, the
2009–46 I.R.B.642November 16, 2009

individual will be placed on a roster of
inactive enrolled individuals.
(4) A request for waiver must be filed
no later than the last day of the renewal
application period. Those who are granted
waivers are required to file timely applica-
tions for future renewal of enrollment.
(l) * * * (1) Compliance by an individ-
ual with the requirements of this part shall
be determined by the Executive Director.
***
(2) The Executive Director may require
any individual, by first class mail sent
to his/her mailing address of record with
the Joint Board, to provide copies of any
records required to be maintained under
this section. * * *
(3)***Arequestforreviewandthe
reasons in support of the request must be
filed with the Joint Board within 30 days of
the date of the notice of failure to comply.
(4)Inactive status. (i) An individual
who has not filed a timely application for
renewal of enrollment, who has not made
a timely response to the notice of failure
to comply with the renewal requirements,
or who has not satisfied the requirements
of eligibility for renewal will be placed
on a roster of inactive enrolled actuaries
for a period up to three enrollment cycles
from the date renewal would have been
effective.
(ii) An individual in inactive status will
be ineligible to perform pension actuar-
ial services as an enrolled actuary under
ERISA and the Internal Revenue Code.
During such time in inactive status or at
any other time an individual is ineligible
to perform pension actuarial services as an
enrolled actuary, the individual shall not in
any manner, directly orindirectly, indicate
he or she is so enrolled, or use the term “en-
rolled actuary,” the designation “E.A.,” or
other form of reference to eligibility to per-
form pension actuarial services as an en-
rolled actuary.
(iii) An individual placed in inactive
status may return to active status by fil-
ing an application for renewal of enroll-
ment (with the appropriate fee) and provid-
ing evidence of the completion of all re-
quired continuing professional education
hours for the enrollment cycle and sat-
isfaction of any applicable requirements
for qualifying experience under paragraph
(l)(7) of this section.If an application for
return to active status is approved, the indi-
vidual will be eligible to perform services
as an enrolled actuary and to practice be-
fore the Internal Revenue Service effec-
tive with the date the notice of approval
is mailed to that individual by the Joint
Board.
(5)Time for return to active enrollment.
(i) An individual placed in inactive status
must file an application for return to active
enrollment, and satisfy the requirements
for return to active enrollment as set forth
in this section, within three enrollment cy-
cles of being placed in inactive status. The
name of such individual otherwise will be
removed from the inactive enrollment ros-
ter and his/her enrollment will terminate.
(ii) For purposes of paragraph (l)(5)(i)
of this section, an individual placed in in-
active status prior to the effective date of
these regulations will be deemed to have
been placed in inactive status on the effec-
tive date of these regulations.
(6) An individual placed in inactive sta-
tus may satisfy the requirements for re-
turn to active enrollment at any time during
his/her period of inactive enrollment. If
only completion of the continuing educa-
tion requirement is necessary, the applica-
tion for return to active enrollment may be
filed immediately upon such completion.
If qualifying experience is also required,
the application for return to active enroll-
ment may not be filed until the completion
of both the continuing education and qual-
ifying experience requirements set forth
in this subsection. Continuing education
credit under this subsection may not be
used to satisfy the requirements of the en-
rollment cycle in which the individual has
been placed back on the active roster.
(7)Continuing education requirements
for return to active enrollment from inac-
tive status. (i) During the first inactive en-
rollment cycle: 36 hours of the qualifying
continuing education requirement from the
prior enrollment cycle as set forth in para-
graph (e)(2) of this section, without regard
to paragraph (e)(2)(ii) or (e)(2)(iii) of this
section, must be completed. Any hours of
continuing education credit from the im-
mediately prior enrollment cycle may be
applied in satisfying this requirement.
(ii) During the second inactive enroll-
ment cycle: Four-thirds of the qualifying
continuing education requirements as set
forth in paragraph (e)(2) of this section
(that is, 48 hours), without regard to para-
graph (e)(2)(ii) or (e)(2)(iii) of this sec-
tion, plus eighteen months of the quali-
fying experience requirements set forth in
§901.12(b)(1), must be completed since
the start of the first inactive enrollment cy-
cle. Any hours of continuing education
credit from the first inactive enrollment cy-
cle may be applied in satisfying this re-
quirement.
(iii) During the third inactive enroll-
ment cycle: Five-thirds of the qualifying
continuing education requirements as set
forth in paragraph (e)(2) of this section,
(that is, 60 hours), without regard to para-
graph (e)(2)(ii) or (e)(2)(iii) of this sec-
tion plus eighteen months of the qualify-
ing experience requirements set forth in
§901.12(b)(1), must be completed since
the start of the second inactive enrollment
cycle. Any hours of continuing education
credit from the second inactive enrollment
cycle may be applied in satisfying this re-
quirement. No hours from the first inactive
enrollment cycle may be applied in satisfy-
ing this requirement.
*****
(9) An individual who has certified in
good faith that he/she has satisfied the con-
tinuing education requirements of this sec-
tion will not be considered to be in non-
compliance with such requirements on the
basis of a program he/she has attended
later being found inadequate or not in com-
pliance with the requirements for continu-
ing education. * * *
*****
(n)Verification. The Executive Direc-
tor or his/her designee may request and re-
view the continuing education records of
an enrolled actuary, including programs at-
tended, in a manner deemed appropriate
to determine compliance with the require-
ments and standards for the renewal of en-
rollment as provided in this section. The
Executive Director may also request and
review the records of any qualified spon-
sor in a manner deemed appropriate to de-
termine compliance with the requirements
of paragraphs (f)(3) and (j)(1) of this sec-
tion.
(o)Examples. The following exam-
ples illustrate the application of the rules
of paragraph (l) (7) of this section:
Example 1.(i) Individual E, who was initially
enrolled before January 1, 2008, completes 5 hours
of core continuing education credit and 10 hours of
non-core continuing education credit between Jan-
uary 1, 2011, and December 31, 2013. Accordingly,
effective April 1, 2014, E is placed on a roster of in-
active enrolled actuaries and is ineligible to perform
November 16, 20096432009–46 I.R.B.

pension actuarial services as an enrolled actuary un-
der ERISA and the Internal Revenue Code.
(ii) E completes 7 hours of core continuing edu-
cation credit and 14 hours of noncore continuing ed-
ucation credit between January 1, 2014, and May 24,
2016. Because E has completed 12 hours of core con-
tinuing education and 24 hours of non-core continu-
ing education during the last active enrollment period
and the initial period when on inactive status, E has
satisfied the requirements for reenrollment during the
first inactive cycle. Accordingly, E may file an ap-
plication for return to active enrollment on May 24,
2016. If this application is approved, E will be eli-
gible to perform pension actuarial services as an en-
rolled actuary under ERISAand the Internal Revenue
Code, effective with the date of such approval.
(iii) Because E used the 21 hours of continuing ed-
ucation credit earned after January 1, 2014, for return
from inactive status, E may not apply any of these
21 hours of core and non-core continuing education
credits towards the requirements for renewed enroll-
ment effective April 1, 2017. Accordingly, E must
complete an additional 36 hours of continuing educa-
tion (12 core and 24 non-core) prior to December 31,
2016, to be eligible for renewed enrollment effective
April 1, 2017.
Example 2.(i) The facts are the same as inEx-
ample 1except E completes 2 hours of core continu-
ing education credit and 8 hours of non-core contin-
uing education credit between January 1, 2014, and
December 31, 2016. Thus, because E did not fulfill
the requirements for return to active status during his
first inactive cycle, E must satisfy the requirements of
paragraph (l)(7)(ii) of this section in order to return to
active status.
(ii) Accordingly, in order to be eligible to file an
application for return to active status on or before De-
cember 31, 2019, E must complete an additional 38
hours of continuing education credit (of which at least
14 hours must consist of core subject matter) between
January 1, 2017, and December 31, 2019, and have 18
months of responsible pension actuarial experience
during the period subsequent to December 31, 2013.
(iii) Note that the 5 hours of core continuing edu-
cation credit and the 10 hours of non-core continuing
education credit that E completes between January 1,
2011, and December 31, 2013, are not counted toward
E’s return to active status and are also not taken into
account toward the additional hours of continuing ed-
ucation credit that E must complete between January
1, 2017, and December 31, 2019, in order to apply for
renewal of enrollment effective April 1, 2020.
Example 3.(i) The facts are the same as inEx-
ample 1except E completes 2 hours of core continu-
ing education credit and 8 hours of non-core contin-
uing education credit between January 1, 2014, and
December 31, 2016, and 12 hours of core continuing
education credit and 24 hours of non-core continuing
education credit between January 1, 2017, and De-
cember 31, 2019. Thus, because E did not fulfill the
requirements for return to active status during his first
or second inactive cycles, E must satisfy the require-
ments of paragraph (l)(7)(iii) of this section in order
to return to active status.
(ii) Accordingly, in order to be eligible to file an
application for return to active status on or before
December 31, 2022, E must complete an additional
24 hours of continuing education credit (of which, at
least 8 hours must consist of core subject matter) be-
tween January 1, 2020, and December 31, 2022, and
have at least 18 months of responsible pension actu-
arial experience during the period subsequent to De-
cember 31, 2016.
(iii) Note that the total of 15 hours of continuing
education credit that E completes between January
1, 2011, and December 31, 2013, as well as the 10
hours of continuing education credit between January
1, 2014, and December 31, 2016, are not counted to-
ward E’s return to active status and are not taken into
account toward the additional hours of continuing ed-
ucation credit that E must complete between January
1, 2020, and December 31, 2022, in order to be eli-
gible to file an application for renewal of enrollment
active status effective April 1, 2023.
Example 4.(i) Individual F, who was initially en-
rolled July 1, 2012, completes 1 hour of core contin-
uing education credit and 2 hours of non-core contin-
uing education credit between January 1, 2012, and
December 31, 2013. Accordingly, effective April 1,
2014, F is placed on a roster of inactive enrolled ac-
tuaries and is ineligible to perform pension actuarial
services as an enrolled actuary under ERISA and the
Internal Revenue Code.
(ii) F completes 5 hours of core continuing edu-
cation credit and 4 hours of non-core continuing ed-
ucation credit between January 1, 2014, and October
6, 2014. Because F has not completed the required
6 hours of core and 6 hours of non-core continuing
education during F’s initial enrollment cycle, F is not
eligible to file an application for a return to active en-
rollment on October 6, 2014, notwithstanding the fact
that had F completed such hours between January 1,
2012, and December 31, 2013, F would have satis-
fied the requirements for renewed enrollment effec-
tive April 1, 2014.
(iii) Accordingly, F must complete an additional
24 hours of continuing education (12 hours of core
and 12 hours of non-core) during his/her first inac-
tive enrollment cycle before applying for renewal of
enrollment.
Example 5.The facts are the same as inExample
4except that F completes 17 hours of core continu-
ing education credit and 16 hours of non-core contin-
uing education credit between January 1, 2014, and
February 12, 2015. Accordingly, because as of Feb-
ruary 12, 2015, F satisfied the continuing education
requirements as set forth inparagraph (e)(2) of this
section without regard to paragraph (e)(2)(ii) thereof,
F may file an application for return to active enroll-
ment status on February 12, 2015.
(p) With the exception of paragraphs
(e)(1) and (f)(3)(iii), this section applies
to the enrollment cycle beginning January
1, 2008, and all subsequent enrollment cy-
cles.
§901.12 [Removed]
Par. 6. Section 901.12 is removed.
§901.13 [Redesignated as §901.12]
Par. 7. Section 901.13 is redesignated
as §901.12.
Par. 8. Newly redesignated §901.12 is
amended by revising the section heading
and paragraphs (a), (b), (d), and (e).
The revisions read as follows:
§901.12 Eligibility for Enrollment.
(a)In general.An individual applying
to be an enrolled actuary must fulfill the
experience requirement of paragraph (b) of
this section, the basic actuarial knowledge
requirement of paragraph (c) of this sec-
tion, and the pension actuarial knowledge
requirement of paragraph (d) of this sec-
tion.
(b)Qualifying experience.Within the
10-year period immediately preceding the
date of application, the applicant shall have
completed either—
(1) A minimum of 36 months of certi-
fied responsible pension actuarial experi-
ence; or
(2)Aminimumof60monthsofcer-
tified responsible actuarial experience, in-
cluding at least 18 months of certified re-
sponsible pension actuarial experience.
*****
(d)Pension actuarial knowledge.(1)
The applicant shall demonstrate pension
actuarial knowledge by one of the follow-
ing:
(i)Joint Board pension examination.
Successful completion, within the 10-year
period immediately preceding the date of
the application, to a score satisfactory to
the Joint Board, of an examination, pre-
scribed by the Joint Board, in actuarial
mathematics and methodology relating to
pension plans, including the provisions of
ERISA relating to the minimum funding
requirements and allocation of assets on
plan termination.
(ii)Organization pension examina-
tions.Successful completion, within the
10-year period immediately preceding the
date of the application, to a score satis-
factory to the Joint Board, of one or more
proctored examinations which are given
by an actuarial organization and which
the Joint Board has determined cover sub-
stantially the same subject areas, have at
least a comparable level of difficulty, and
require at least the same competence as the
Joint Board pension examination referred
to in paragraph (d)(1)(i) of this section.
(2) For purposes of this section, appli-
cants who have successfully completed an
examination pursuant to either paragraph
2009–46 I.R.B.644November 16, 2009

(d)(1)(i) or (d)(1)(ii) of this section prior to
theeffectivedateoftheseregulations,will
be deemed to have completed such exami-
nation on the effective date.
(e)Form; fee. An applicant who wishes
to take an examination administered by
the Joint Board under paragraph (c)(1) or
(d)(1) of this section shall file an appli-
cation on a form prescribed by the Joint
Board. Such application shall be accom-
panied by payment in the amount set forth
on the application form. The amount rep-
resents a fee charged to each applicant for
examination and is designed to cover the
costs for the administration of the exami-
nation. The fee shall be retained whether
or not the applicant successfully completes
the examination or is enrolled.
*****
Par. 9. Section 901.20 is amended as
follows:
1. Revising paragraphs (b), (d), (e), and
(f).
2. Redesignating paragraphs (g) and (h)
as paragraph (k) and (l), respectively, and
adding new paragraphs (g) and (h).
3. Reserving paragraph (i).
4. Adding new paragraphs (j) and (m).
The revisions and additions read as fol-
lows:
§901.20 Standards of performance of
actuarial services.
*****
(b)Professional duty.(1) An enrolled
actuary shall perform actuarial services
only in a manner that is fully in accordance
with all of the duties and requirements
for such persons under applicable law
and consistent with relevant standards of
professional responsibility and ethics for
actuarial practice.
(2) An enrolled actuary shall not per-
form actuarial services for any person or
organization which he/she believes, or has
reasonable grounds to believe, may utilize
his/her services in a fraudulent manner or
in a manner inconsistent with law.
(3) An enrolled actuary, upon learning
of another enrolled actuary’s material vio-
lation of this section, shall report the vio-
lation to the Executive Director.
*****
(d)Conflicts of interest.In any situation
inwhichanenrolledactuaryhasknowl-
edge of an actual or potential conflict of
interest with respect to the performance of
actuarial services, he/she shall not perform
such actuarial services unless—
(1) He/she has conducted a good faith
evaluation of the circumstances giving rise
to the conflict and reasonably concludes
that his or her ability to act fairly is unim-
paired;
(2) The representation by the enrolled
actuary is not prohibited by law; and
(3) Full disclosure of the conflict has
been made, in writing, to all present and
known prospective principals whose inter-
est would be affected by the conflict, in-
cluding the plan trustees, any named fidu-
ciary of the plan, the plan administrator
thereof and, if the plan is subject to a col-
lective bargaining agreement, the collec-
tive bargaining representative, and all such
principals have expressly agreed, in writ-
ing, to such enrolled actuary performing
the actuarial services.
(e)Assumptions, calculations and rec-
ommendations. (1) The enrolled actuary
shall exercise due care, skill, prudence and
diligence when performing actuarial ser-
vices under ERISA and the Internal Rev-
enue Code. In particular, in the course of
preparing a report or certificate stating ac-
tuarial costs or liabilities, the enrolled ac-
tuary shall ensure that—
(i) The actuarial assumptions are rea-
sonable individually and in combination,
and the actuarial cost method and the actu-
arial method of valuation of assets are ap-
propriate;
(ii) The calculations are accurately car-
ried out and properly documented; and
(iii) The report, any recommendations,
and any supplemental advice or explana-
tion relative to the report reflect the results
of the calculations.
(2) An enrolled actuary shall include
in any report or certificate stating actuar-
ial costs or liabilities, a statement or refer-
ence describing or clearly identifying the
data, any material inadequacies therein and
the implications thereof, and the actuarial
methods and assumptions employed.
(f)Due diligence. (1) An enrolled actu-
ary must exercise due diligence—
(i) In preparing or assisting in the prepa-
ration of, approving, and filing tax returns,
documents, affidavits, and other papers re-
lating to the Department of the Treasury,
the Department of Labor, the Pension Ben-
efit Guaranty Corporation, or any other ap-
plicable Federal or State entity;
(ii) In determining the correctness of
oral or written representations made by
the enrolled actuaryto the Department of
the Treasury, the Department of Labor, the
Pension Benefit Guaranty Corporation, or
any other applicable Federal or State en-
tity; and
(iii) In determining the correctness of
oral or written representations made by the
enrolled actuary to clients.
(2) An enrolled actuary advising a client
to take a position on any document to be
filed with the Department of the Treasury,
the Department of Labor, the Pension Ben-
efit Guaranty Corporation, or any other ap-
plicable Federal or State entity (or prepar-
ing or signing such a return or document)
generally may rely in good faith without
verification upon information furnished by
the client. The enrolled actuary may not,
however, ignore the implications of infor-
mation furnished to, or actually known by,
the enrolled actuary, and must make rea-
sonable inquiries if the information as fur-
nished appears to be incorrect, inconsistent
with an important fact or another factual
assumption, or incomplete.
(g)Solicitations regarding actuarial
services.An enrolled actuary may not in
any way use or participate in the use of
any form of public communication or pri-
vate solicitation related to the performance
of actuarial services containing a false,
fraudulent, or coercive statement or claim,
or a misleading or deceptive statement or
claim. An enrolled actuary may not make,
directly or indirectly, an uninvited written
or oral solicitation of employment related
to actuarial services if the solicitation vi-
olates Federal or State law, nor may such
person employ, accept employment in
partnership form, corporate form, or any
other form, or share fees with, any individ-
ual or entity who so solicits. Any lawful
solicitation related to the performance of
actuarial services made by or on behalf of
an enrolled actuary must clearly identify
the solicitation as such and, if applicable,
identify the source of the information used
in choosing the recipient.
(h)Prompt disposition of pending mat-
ters. Anenrolledactuarymaynotun-
reasonably delay the prompt disposition
of any matter before the Internal Revenue
Service, the Department of Labor, the Pen-
sion Benefit Guaranty Corporation, or any
other applicable Federal or State entity.
(i) [Reserved.]
November 16, 20096452009–46 I.R.B.

(j)Return of client’s records.(1)In
general, an enrolled actuary must, at the
request of a client, promptly return any
and all records of the client that are nec-
essary for the client to comply with his or
her legal obligations. The enrolled actu-
ary may retain copies of the records re-
turned to a client. The existence of a dis-
pute over fees generally does not relieve
the enrolled actuary of his or her respon-
sibility under this section. Nevertheless,
if applicable state law allows or permits
the retention of a client’s records by an en-
rolled actuary in the case of a dispute over
fees for services rendered, the enrolled ac-
tuary need only return those records that
must be attached to the client’s legally re-
quired forms. The enrolled actuary, how-
ever, must provide the client with reason-
able access to review and copy any addi-
tional records of the client retained by the
enrolled actuary under state law that are
necessary for the client to comply with his
or her legal obligations.
(2) For purposes of this section,records
of the clientinclude all documents or writ-
ten or electronic materials provided to the
enrolled actuary, or obtained by the en-
rolled actuary in the course of the enrolled
actuary’s representation of the client, that
preexisted the retention of the enrolled ac-
tuary by the client. The term “records
of the client” also includes materials that
were prepared by the client or a third party
(not including an employee or agent of the
enrolled actuary) at any time and provided
to the enrolled actuary with respect to the
subject matter of the representation. The
term “records of the client” also includes
any return, claim for refund, schedule, af-
fidavit, appraisal or any other document
prepared by the enrolled actuary, or his or
her employee or agent, that was presented
to the client with respect to a prior repre-
sentation if such document is necessary for
the taxpayer to comply with his or her cur-
rent legal obligations. The term “records
of the client” does not include any return,
claim for refund, schedule, affidavit, ap-
praisal or any other document prepared by
the enrolled actuary or the enrolled actu-
ary’s firm, employees or agents if the en-
rolled actuary is withholding such docu-
ment pending the client’s performance of
its contractual obligation to pay fees with
respect to such document.
*****
(m) The rules of this section apply to
all actuarial services and related acts per-
formed on or after the date these regula-
tions are published as final regulations in
theFederal Register.
Par. 10. Section 901.31 is amended by
revising paragraphs (a) and (c) introduc-
tory text to read as follows:
§901.31 Grounds for suspension or
termination of enrollment.
(a)Failure to satisfy requirements for
enrollment.The enrollment of an actuary
may be terminated if it is found that the ac-
tuary did not satisfy the eligibility require-
ments set forth in §901.11 or §901.12.
*****
(c)Disreputable conduct.The enroll-
ment of an actuary may be suspended or
terminated if it is found that the actuary
has, at any time after he/she applied for en-
rollment, engaged in any conduct set forth
in §901.12(f) or otherconduct evidencing
fraud, dishonesty, or breach of trust. Such
other conduct includes, but is not limited
to, the following:
*****
Par. 11. Section 901.32 is amended by
revising the last sentence to read as fol-
lows:
§901.32 Receipt of information
concerning enrolled actuaries.
***Ifanyotherpersonhasinformation
of any such violation, he/she may make a
report thereof to the Executive Director.
Par. 12. Section 901.47 is amended by
revising the last sentence to read as fol-
lows:
§901.47 Transcript.
***Copiesofexhibitsintroducedatthe
hearing or at the taking of depositions will
be supplied to parties upon the payment of
a reasonable fee (31 U.S.C. 9701).
Par. 13. Section 901.72 is added to read
as follows:
§901.72 Additional Rules.
The Joint Board may, in notice or other
guidance of general applicability, provide
additional rules regarding the enrollment
of actuaries.
Zenaida Samaniego,
Chairman, Joint Board for
the Enrollment of Actuaries.
(Filed by the Office of the Federal Register on September
18, 2009, 8:45 a.m., and published in the issue of the Federal
Register for September 21, 2009, F.R. 48030)
Deletions From Cumulative
List of Organizations
Contributions to Which
are Deductible Under Section
170 of the Code
Announcement 2009–80
The Internal Revenue Service has re-
voked its determination that the organi-
zations listed below qualify as organiza-
tions described in sections 501(c)(3) and
170(c)(2) of the Internal Revenue Code of
1986.
Generally, the Service will not disallow
deductions for contributions made to a
listed organization on or before the date
of announcement in the Internal Revenue
Bulletinthatanorganizationnolonger
qualifies. However, the Service is not
precluded from disallowing a deduction
for any contributions made after an or-
ganization ceases to qualify under section
170(c)(2) if the organization has not timely
filed a suit for declaratory judgment under
section 7428 and if the contributor (1) had
knowledge of the revocation of the ruling
or determination letter, (2) was aware that
such revocation was imminent, or (3) was
in part responsible for or was aware of the
activities or omissions of the organization
that brought about this revocation.
If on the other hand a suit for declara-
tory judgment has been timely filed,
contributions from individuals and orga-
nizations described in section 170(c)(2)
that are otherwise allowable will continue
to be deductible. Protection under section
7428(c) would begin on November 16,
2009, and would end on the date the court
first determines that the organization is
not described in section 170(c)(2) as more
particularly set forth in section 7428(c)(1).
For individual contributors, the maximum
2009–46 I.R.B.646November 16, 2009

deduction protected is $1,000, with a hus-
band and wife treated as one contributor.
This benefit is not extended to any indi-
vidual, in whole or in part, for the acts or
omissions of the organization that were
the basis for revocation.
Elimidebt Management Systems, Inc.
Orlando, FL
Hallandale, FL
Richard & Jane Pater Charitable
Foundation
Salt Lake City, UT
Election of Reduced
Research Credit Under
Section 280C(c)(3); Hearing
Cancellation
Announcement 2009–81
AGENCY: Internal Revenue Service
(IRS), Treasury.
ACTION: Cancellation of notice of public
hearing on proposed rulemaking.
SUMMARY: This document cancels a
public hearing on proposed rulemaking
(REG–130200–08, 2009–31 I.R.B. 174)
that amends the regulations concerning
taxpayers who make the election to claim
the reduced research credit. The proposed
regulations simplify how taxpayers make
the election and affect taxpayers that claim
the research credit.
DATES: The public hearing, originally
scheduled for November 4, 2009, at
10 a.m., is cancelled.
FOR FURTHER INFORMATION
CONTACT: Richard A. Hurst of the Pub-
lications and Regulations Branch, Legal
Processing Division, Associate Chief
Counsel (Procedure and Administration),
atRichard.A.Hurst@irscounsel.treas.gov.
SUPPLEMENTARY INFORMATION:
A notice of public hearing that ap-
peared in theFederal Registeron
Thursday, July 16, 2009, announced
that a public hearing was scheduled
for November 4, 2009, at 10 a.m.,
in the auditorium, Internal Revenue
Building, 1111 Constitution Avenue, NW,
Washington, DC. The subject of the public
hearing is under section 280C of the
Internal Revenue Code.
The public comment period for these
regulations expired on October 14, 2009.
Outlines of topics to be discussed at the
hearing were due on October 16, 2009.
The notice of proposed rulemaking and no-
tice of public hearing instructed those in-
terested in testifying at the public hear-
ing to submit an outline of the topics to
be addressed. As of Tuesday, October 20,
2009, the taxpayer, who wished to present
oral comments, has requested to withdraw.
Therefore, the public hearing scheduled
for November 4, 2009, is cancelled.
LaNita Van Dyke,
Chief, Publications and
Regulations Branch,
Legal Processing Division,
Associate Chief Counsel
(Procedure and Administration).
(Filed by the Office of the Federal Register on October 26,
2009, 8:45 a.m., and published in the issue of the Federal
Register for October 27, 2009, 74 F.R. 55162)
Announcement of Disciplinary Sanctions From the Office
of Professional Responsibility
Announcement 2009-83
TheOfficeofProfessionalResponsi-
bility (OPR) announcesrecent disciplinary
sanctions involving attorneys, certified
public accountants, enrolled agents, en-
rolled actuaries, enrolled retirement plan
agents, and appraisers. These individuals
are subject to the regulations governing
practice before the Internal Revenue Ser-
vice (IRS), which are set out in Title 31,
Code of Federal Regulations, Part 10, and
which are published in pamphlet form as
Treasury Department Circular No. 230.
The regulations prescribe the duties and
restrictions relating to such practice and
prescribe the disciplinary sanctions for
violating the regulations.
The disciplinary sanctions to be im-
posed for violation of the regulations are:
Disbarred from practice before the
IRS—An individual who is disbarred is
not eligible to represent taxpayers before
the IRS.
Suspended from practice before the
IRS—An individual who is suspended is
not eligible to represent taxpayers before
the IRS during the term of the suspension.
Censured in practice before the
IRS—Censure is a public reprimand. Un-
like disbarment or suspension, censure
does not affect an individual’s eligibility
to represent taxpayers before the IRS, but
OPR may subject the individual’s future
representations to conditions designed to
promote high standards of conduct.
Monetary penalty—A monetary
penalty may be imposed on an individual
who engages in conduct subject to sanc-
tion or on an employer, firm, or entity
if the individual was acting on its behalf
and if it knew, or reasonably should have
known, of the individual’s conduct.
Disqualification of appraiser—An
appraiser who is disqualified is barred
from presenting evidence or testimony in
any administrative proceeding before the
Department of the Treasury or the IRS.
Under the regulations, attorneys, cer-
tified public accountants, enrolled agents,
enrolled actuaries, and enrolled retirement
plan agents may not assist, or accept assis-
tance from, individuals who are suspended
or disbarred with respect to matters consti-
tuting practice (i.e., representation) before
theIRS,andtheymaynotaidorabetsus-
pended or disbarred individuals to practice
before the IRS.
Disciplinary sanctions are described in
these terms:
Disbarred by decision after hearing,
Suspended by decision after hearing,
Censured by decision after hearing,
Monetary penalty imposed after hear-
ing, and Disqualified after hearing—An
administrative law judge (ALJ) conducted
an evidentiary hearing upon OPR’s com-
plaint alleging violation of the regulations
November 16, 20096472009–46 I.R.B.

and issued a decision imposing one of
these sanctions. After 30 days from the
issuance of the decision, in the absence of
an appeal, the ALJ’s decision became the
final agency decision.
Disbarred by default decision, Sus-
pended by default decision, Censured by
default decision, Monetary penalty im-
posed by default decision, and Disqual-
ified by default decision—An ALJ, after
findingthatnoanswertoOPR’scomplaint
had been filed, granted OPR’s motion for a
default judgment and issued a decision im-
posing one of these sanctions.
Disbarment by decision on appeal,
Suspended by decision on appeal, Cen-
sured by decision on appeal, Monetary
penalty imposed by decision on ap-
peal, and Disqualified by decision on
appeal—The decision of the ALJ was
appealed to the agency appeal authority,
acting as the delegate of the Secretary
of the Treasury, and the appeal authority
issued a decision imposing one of these
sanctions.
Disbarred by consent, Suspended by
consent, Censured by consent, Mone-
tary penalty imposed by consent, and
Disqualified by consent—In lieu of a
disciplinary proceeding being instituted
or continued, an individual offered a con-
sent to one of these sanctions and OPR
accepted the offer. Typically, an offer
of consent will provide for: suspension
for an indefinite term; conditions that the
individual must observe during the sus-
pension; and the individual’s opportunity,
after a stated number of months, to file
with OPR a petition for reinstatement af-
firming compliance with the terms of the
consent and affirming current eligibility
to practice (i.e., an active professional
license or active enrollment status). An
enrolled agent or an enrolled retirement
plan agent may also offer to resign in order
to avoid a disciplinary proceeding.
Suspended by decision in expedited
proceeding, Suspended by default de-
cision in expedited proceeding, Sus-
pended by consent in expedited pro-
ceeding—OPR instituted an expedited
proceeding for suspension (based on cer-
tain limited grounds, including loss of a
professional licenseand criminal convic-
tions).
OPR has authority to disclose the
grounds for disciplinary sanctions in these
situations: (1) an ALJ or the Secretary’s
delegate on appeal has issued a decision
on or after September 26, 2007, which was
theeffectivedateofamendmentstothe
regulations that permit making such deci-
sions publicly available; (2) the individual
has settled a disciplinary case by signing
OPR’s “consent to sanction” form, which
requires consenting individuals to admit to
one or more violations of the regulations
and to consent to the disclosure of the in-
dividual’s own return information related
to the admitted violations (for example,
failure to file Federal income tax returns);
or (3) OPR has issued a decision in an
expedited proceeding for suspension.
Announcements of disciplinary sanc-
tions appear in the Internal Revenue Bul-
letin at the earliest practicable date. The
sanctions announced below are alphabet-
ized first by the names of states and sec-
ond by the last names of individuals. Un-
less otherwise indicated, section numbers
(e.g., §10.51) refer to the regulations.
City & StateNameProfessionalDisciplinary SanctionEffective Date(s)
Designation
Arizona
LitchfieldCota, Jesse A.CPASuspended by default
decision in expedited
proceeding under
§ 10.82 (conviction
under 18 U.S.C. § 371,
conspiracy to defraud the
Internal Revenue Service
in Kansas)
Indefinite from
October 23, 2008
California
WestminsterHukriede, Jr., Leslie G. CPASuspended by default
decision in expedited
proceeding under §10.82
(revocation of CPA
license)
Indefinite from
October 23, 2008
HerculesSteiner, Robert A.CPASuspended by default
decision in expedited
proceeding under §10.82
(revocation of CPA
license)
Indefinite from
October 23, 2008
2009–46 I.R.B.648November 16, 2009

City & StateNameProfessionalDisciplinary SanctionEffective Date(s)
Designation
Florida
SarasotaDeMarco, II, Leo P.AttorneySuspended by default
decision in expedited
proceeding under § 10.82
(attorney disbarment in
Massachusetts)
Indefinite from
October 13, 2008
Illinois
LansingClausing, Robert J.Enrolled AgentSuspended by decision
in expedited proceeding
under § 10.82 (conviction
under 26 U.S.C. § 7212,
attempt to interfere with
the administration of
Internal Revenue Service)
Indefinite from
October 21, 2008
Kansas
Cota, Jesse A.,
See Arizona
Massachusetts
DeMarco, II, Leo P.,
See Florida
New Jersey
MartinsvilleWeiner, Joel R.AttorneySuspended by decision
in expedited proceeding
under § 10.82 (conviction
under 26 U.S.C. § 7206,
fraud and false statements
(tax returns)
Indefinite from
October 13, 2008
North Carolina
Shipman, Sr., Keith A.,
See Virginia
Virginia
RestonShipman, Sr., Keith A. CPASuspended by default
decision in expedited
proceeding under §10.82
(revocation of CPA
license in North Carolina)
Indefinite from
October 15, 2008
November 16, 20096492009–46 I.R.B.

Definition of Terms
Revenue rulings and revenue procedures
(hereinafter referred to as “rulings”) that
have an effect on previous rulings use the
following defined terms to describe the ef-
fect:
Amplifieddescribes a situation where
no change is being made in a prior pub-
lished position, but the prior position is be-
ingextendedtoapplytoavariationofthe
fact situation set forth therein. Thus, if
an earlier ruling held that a principle ap-
plied to A, and the new ruling holds that the
same principle also applies to B, the earlier
ruling is amplified. (Compare withmodi-
fied,below).
Clarifiedis used in those instances
where the language in a prior ruling is be-
ing made clear because the language has
caused, or may cause, some confusion.
It is not used where a position in a prior
ruling is being changed.
Distinguisheddescribes a situation
where a ruling mentions a previously pub-
lished ruling and points out an essential
difference between them.
Modifiedis used where the substance
of a previously published position is being
changed. Thus, if a prior ruling held that a
principle applied to A but not to B, and the
new ruling holds that it applies to both A
and B, the prior ruling is modified because
it corrects a published position. (Compare
withamplifiedandclarified, above).
Obsoleteddescribes a previously pub-
lished ruling that is not considered deter-
minative with respect to future transac-
tions. This term is most commonly used in
a ruling that lists previously published rul-
ings that are obsoleted because of changes
in laws or regulations. A ruling may also
be obsoleted because the substance has
been included in regulations subsequently
adopted.
Revokeddescribes situations where the
position in the previously published ruling
is not correct and the correct position is
beingstatedinanewruling.
Supersededdescribes a situation where
the new ruling does nothing more than re-
state the substance and situation of a previ-
ously published ruling (or rulings). Thus,
the term is used to republish under the
1986 Code and regulations the same po-
sition published under the 1939 Code and
regulations. The term is also used when
it is desired to republish in a single rul-
ing a series of situations, names, etc., that
were previously published over a period of
time in separate rulings. If the new rul-
ing does more than restate the substance
of a prior ruling, a combination of terms
is used. For example,modifiedandsu-
persededdescribes a situation where the
substance of a previously published ruling
is being changed in part and is continued
without change in part and it is desired to
restate the valid portion of the previously
published ruling in a new ruling that is self
contained. In this case, the previously pub-
lished ruling is first modified and then, as
modified, is superseded.
Supplementedis used in situations in
which a list, such as a list of the names of
countries, is published in a ruling and that
list is expanded by adding further names in
subsequent rulings. After the original rul-
ing has been supplemented several times, a
new ruling may be published that includes
the list in the original ruling and the ad-
ditions, and supersedes all prior rulings in
the series.
Suspendedis used in rare situations to
show that the previous published rulings
will not be applied pending some future
action such as the issuance of new or
amended regulations, the outcome of cases
in litigation, or the outcome of a Service
study.
Abbreviations
The fol
lowing abbreviations in current use
and for
merly used will appear in material
publis
hedintheBulletin.
A—Individual.
Acq.—A
cquiescence.
B—Individual.
BE—Beneficiary.
BK—Bank
.
B.T.A.—Board of Tax Appeals.
C—Individual.
C.B.—Cu
mulative Bulletin.
CFR—Code of Federal Regulations.
CI—City.
COOP—Coo
perative.
Ct.D.—Court Decision.
CY—County.
D—Decede
nt.
DC—Dummy Corporation.
DE—Donee.
Del. Order
—Delegation Order.
DISC—Domestic International Sales Corporation.
DR—Donor.
E—Estate.
EE—Employee.
E.O.—Executive Order.
ER—Emp
loyer.
ERISA—Employee Retirement Income Security Act.
EX—Executor.
F—Fiduc
iary.
FC—Foreign Country.
FICA—Federal Insurance Contributions Act.
FISC—Fo
reign International Sales Company.
FPH—Foreign Personal Holding Company.
F.R.—Federal Register.
FUTA—Fed
eral Unemployment Tax Act.
FX—Foreign corporation.
G.C.M.—Chief Counsel’s Memorandum.
GE—Grante
e.
GP—General Partner.
GR—Grantor.
IC—Insura
nce Company.
I.R.B.—Internal Revenue Bulletin.
LE—Lessee.
LP—Limited
Partner.
LR—Lessor.
M—Minor.
Nonacq.—No
nacquiescence.
O—Organization.
P—Parent Corporation.
PHC—Persona
l Holding Company.
PO—Possession of the U.S.
PR—Partner.
PRS—Pa
rtnership.
PTE—Prohibited Transaction Exemption.
Pub. L.—Public Law.
REIT—Re
al Estate Investment Trust.
Rev. Proc.—Revenue Procedure.
Rev. Rul.—Revenue Ruling.
S—Subsi
diary.
S.P.R.—Statement of Procedural Rules.
Stat.—Statutes at Large.
T—Target
Corporation.
T.C.—Tax Court.
T.D.—Treasury Decision.
TFE—Trans
feree.
TFR—Transferor.
T.I.R.—Technical Information Release.
TP—Taxpay
er.
TR—Trust.
TT—Trustee.
U.S.C.—Uni
ted States Code.
X—Corporation.
Y—Corporation.
Z—Corporat
ion.
2009–46 I.R.B.iNovember 16, 2009

Numerical Finding List
1
Bulletins 2009–27 through 2009–46
Announcements:
2009-56, 2009-28 I.R.B.145
2009-57, 2009-29 I.R.B.158
2009-58, 2009-29 I.R.B.158
2009-59, 2009-29 I.R.B.158
2009-60, 2009-30 I.R.B.166
2009-61, 2009-33 I.R.B.246
2009-62, 2009-33 I.R.B.247
2009-63, 2009-33 I.R.B.248
2009-64, 2009-36 I.R.B.319
2009-65, 2009-36 I.R.B.319
2009-66, 2009-37 I.R.B.364
2009-67, 2009-38 I.R.B.388
2009-68, 2009-38 I.R.B.388
2009-69, 2009-40 I.R.B.475
2009-70, 2009-41 I.R.B.499
2009-71, 2009-40 I.R.B.475
2009-72, 2009-41 I.R.B.500
2009-73, 2009-41 I.R.B.500
2009-74, 2009-42 I.R.B.537
2009-75, 2009-42 I.R.B.537
2009-76, 2009-45 I.R.B.627
2009-77, 2009-43 I.R.B.567
2009-78, 2009-44 I.R.B.594
2009-79, 2009-46 I.R.B.628
2009-80, 2009-46 I.R.B.646
2009-81, 2009-46 I.R.B.647
2009-83, 2009-46 I.R.B.647
Notices:
2009-51, 2009-28 I.R.B.128
2009-55, 2009-31 I.R.B.170
2009-57, 2009-29 I.R.B.147
2009-58, 2009-30 I.R.B.163
2009-59, 2009-31 I.R.B.170
2009-60, 2009-32 I.R.B.181
2009-61, 2009-32 I.R.B.181
2009-62, 2009-35 I.R.B.260
2009-63, 2009-34 I.R.B.252
2009-64, 2009-36 I.R.B.307
2009-65, 2009-39 I.R.B.413
2009-66, 2009-39 I.R.B.418
2009-67, 2009-39 I.R.B.420
2009-68, 2009-39 I.R.B.423
2009-69, 2009-35 I.R.B.261
2009-70, 2009-34 I.R.B.255
2009-71, 2009-35 I.R.B.262
2009-72, 2009-37 I.R.B.325
2009-73, 2009-38 I.R.B.369
2009-74, 2009-38 I.R.B.370
2009-75, 2009-39 I.R.B.436
2009-76, 2009-43 I.R.B.554
Notices— Continued:
2009-77, 2009-40 I.R.B.449
2009-78, 2009-40 I.R.B.452
2009-79, 2009-40 I.R.B.454
2009-81, 2009-40 I.R.B.455
2009-82, 2009-41 I.R.B.491
2009-83, 2009-44 I.R.B.588
2009-84, 2009-44 I.R.B.592
2009-85, 2009-45 I.R.B.598
2009-86, 2009-46 I.R.B.629
2009-87, 2009-46 I.R.B.630
Proposed Regulations:
REG-140492-02, 2009-43 I.R.B.559
REG-159704-03, 2009-46 I.R.B.632
REG-152166-05, 2009-32 I.R.B.183
REG-112994-06, 2009-28 I.R.B.144
REG-127270-06, 2009-42 I.R.B.534
REG-136563-07, 2009-41 I.R.B.497
REG-108045-08, 2009-43 I.R.B.557
REG-113289-08, 2009-33 I.R.B.244
REG-116614-08, 2009-42 I.R.B.536
REG-130200-08, 2009-31 I.R.B.174
REG-139068-08, 2009-43 I.R.B.558
Revenue Procedures:
2009-30, 2009-27 I.R.B.27
2009-31, 2009-27 I.R.B.107
2009-32, 2009-28 I.R.B.142
2009-33, 2009-29 I.R.B.150
2009-34, 2009-34 I.R.B.258
2009-35, 2009-35 I.R.B.265
2009-36, 2009-35 I.R.B.304
2009-37, 2009-36 I.R.B.309
2009-38, 2009-37 I.R.B.362
2009-39, 2009-38 I.R.B.371
2009-40, 2009-39 I.R.B.438
2009-41, 2009-39 I.R.B.439
2009-42, 2009-40 I.R.B.459
2009-43, 2009-40 I.R.B.460
2009-44, 2009-40 I.R.B.462
2009-45, 2009-40 I.R.B.471
2009-46, 2009-42 I.R.B.507
2009-47, 2009-42 I.R.B.524
2009-50, 2009-45 I.R.B.617
2009-51, 2009-45 I.R.B.625
Revenue Rulings:
2009-18, 2009-27 I.R.B.1
2009-19, 2009-28 I.R.B.111
2009-20, 2009-28 I.R.B.112
2009-21, 2009-30 I.R.B.162
2009-22, 2009-31 I.R.B.167
2009-23, 2009-32 I.R.B.177
2009-24, 2009-36 I.R.B.306
2009-25, 2009-38 I.R.B.365
Revenue Rulings— Continued:
2009-26, 2009-38 I.R.B.366
2009-27, 2009-39 I.R.B.404
2009-28, 2009-39 I.R.B.391
2009-29, 2009-37 I.R.B.322
2009-30, 2009-39 I.R.B.391
2009-31, 2009-39 I.R.B.395
2009-32, 2009-39 I.R.B.399
2009-33, 2009-40 I.R.B.447
2009-34, 2009-42 I.R.B.502
2009-35, 2009-44 I.R.B.568
Tax Conventions:
2009-79, 2009-46 I.R.B.628
Treasury Decisions:
9452, 2009-27 I.R.B.1
9453, 2009-28 I.R.B.114
9454, 2009-32 I.R.B.178
9455, 2009-33 I.R.B.239
9456, 2009-33 I.R.B.188
9457, 2009-41 I.R.B.482
9458, 2009-43 I.R.B.547
9459, 2009-41 I.R.B.480
9460, 2009-44 I.R.B.584
9461, 2009-41 I.R.B.488
9462, 2009-42 I.R.B.504
9463, 2009-40 I.R.B.442
9465, 2009-43 I.R.B.542
9466, 2009-43 I.R.B.551
9468, 2009-44 I.R.B.570
1
A cumulative list of all revenue rulings, revenueprocedures, Treasury decisions, etc., publishedin Internal Revenue Bulletins 2009–1 through 2009–26 is in Internal Revenue Bulletin
2009–26, dated June 29, 2009.
November 16, 2009ii2009–46 I.R.B.

Finding List of Current Actions on
Previously Published Items
1
Bulletins 2009–27 through 2009–46
Announcements:
2006-93
Superseded by
Ann. 2009-62, 2009-33 I.R.B.247
Notices:
2002-3
Modified and superseded by
Notice 2009-68, 2009-39 I.R.B.423
2004-67
Supplemented and superseded by
Notice 2009-59, 2009-31 I.R.B.170
2006-70
Obsoleted by
T.D. 9453, 2009-28 I.R.B.114
2006-109
Superseded in part by
Rev. Proc. 2009-32, 2009-28 I.R.B.142
2007-7
Modified by
Notice 2009-82, 2009-41 I.R.B.491
2008-30
Amplified and clarified by
Notice 2009-75, 2009-39 I.R.B.436
2008-43
Obsoleted by
REG-113289-08, 2009-33 I.R.B.244
2009-28
Clarified by
Notice 2009-69, 2009-35 I.R.B.261
2009-31
Amplified by
Rev. Proc. 2009-43, 2009-40 I.R.B.460
2009-42
Amplified by
Rev. Proc. 2009-43, 2009-40 I.R.B.460
Proposed Regulations:
REG-130200-08
Hearing cancelled by
Ann. 2009-81, 2009-46 I.R.B.647
Revenue Procedures:
97-27
Clarified and modified by
Rev. Proc. 2009-39, 2009-38 I.R.B.371
97-49
Modified and superseded by
Rev. Proc. 2009-31, 2009-27 I.R.B.107
Revenue Procedures— Continued:
2002-44
Superseded by
Rev. Proc. 2009-44, 2009-40 I.R.B.462
2002-59
Superseded by
Rev. Proc. 2009-41, 2009-39 I.R.B.439
2005-63
Modified by
Rev. Proc. 2009-39, 2009-38 I.R.B.371
2007-44
Modified by
Rev. Proc. 2009-36, 2009-35 I.R.B.304
2007-65
Modified by
Ann. 2009-69, 2009-40 I.R.B.475
2008-34
Superseded by
Rev. Proc. 2009-46, 2009-42 I.R.B.507
2008-38
Superseded by
Rev. Proc. 2009-30, 2009-27 I.R.B.27
2008-44
Superseded by
Rev. Proc. 2009-35, 2009-35 I.R.B.265
2008-52
Amplified, clarified, and modified by
Rev. Proc. 2009-39, 2009-38 I.R.B.371
2008-59
Superseded by
Rev. Proc. 2009-47, 2009-42 I.R.B.524
2008-65
Modified by
Rev. Proc. 2009-33, 2009-29 I.R.B.150
2009-16
Modified by
Rev. Proc. 2009-33, 2009-29 I.R.B.150
2009-39
Modified by
Ann. 2009-67, 2009-38 I.R.B.388
Revenue Rulings:
74-346
Superseded by
Rev. Rul. 2009-34, 2009-42 I.R.B.502
75-190
Superseded by
Rev. Rul. 2009-34, 2009-42 I.R.B.502
75-398
Superseded by
Rev. Rul. 2009-34, 2009-42 I.R.B.502
Revenue Rulings— Continued:
75-526
Superseded by
Rev. Rul. 2009-34, 2009-42 I.R.B.502
2009-22
Corrected by
Ann. 2009-74, 2009-42 I.R.B.537
2009-29
Corrected by
Ann. 2009-74, 2009-42 I.R.B.537
Treasury Decisions:
9456
Corrected by
Ann. 2009-73, 2009-41 I.R.B.500
1
A cumulative list of current actions on previously published items in Internal Revenue Bulletins 2009–1 through 2009–26 is in Internal Revenue Bulletin 2009–26, dated June 29, 2009.
2009–46 I.R.B.iiiNovember 16, 2009

November 16, 20092009–46 I.R.B.

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