Rev. Rul. 2007-71

Rev. Rul. 2007-71

Rev. Rul. 2007-71

2008 covered compensation tables; permitted disparity. The covered compensation tables under section 401 of the Code for the year 2008 are provided for use in determining contributions to defined benefit plans and permitted disparity.

This revenue ruling provides tables of covered compensation under § 401(l)(5)(E) of the Internal Revenue Code (the “Code”) and the Income Tax Regulations, thereunder, for the 2008 plan year.

Section 401(l)(5)(E)(i) defines covered compensation with respect to an employee, as the average of the contribution and benefit bases in effect under section 230 of the Social Security Act (the “Act”) for each year in the 35-year period ending with the year in which the employee attains social security retirement age.

Section 401(l)(5)(E)(ii) of the Code states that the determination for any year preceding the year in which the employee attains social security retirement age shall be made by assuming that there is no increase in covered compensation after the determination year and before the employee attains social security retirement age.

Section 1.401(l)-1(c)(34) defines the taxable wage base as the contribution and benefit base under section 230 of the Act.

Section 1.401(l)-1(c)(7)(i) defines covered compensation for an employee as the average (without indexing) of the taxable wage bases in effect for each calendar year during the 35-year period ending with the last day of the calendar year in which the employee attains (or will attain) social security retirement age. A 35-year period is used for all individuals regardless of the year of birth of the individual. In determining an employee’s covered compensation for a plan year, the taxable wage base for all calendar years beginning after the first day of the plan year is assumed to be the same as the taxable wage base in effect as of the beginning of the plan year. An employee’s covered compensation for a plan year beginning after the 35-year period applicable under § 1.401(l)-1(c)(7)(i) is the employee’s covered compensation for a plan year during which the 35-year period ends. An employee’s covered compensation for a plan year beginning before the 35-year period applicable under § 1.401(l)-1(c)(7)(i) is the taxable wage base in effect as of the beginning of the plan year.

Section 1.401(l)-1(c)(7)(ii) provides that, for purposes of determining the amount of an employee’s covered compensation under § 1.401(l)-1(c)(7)(i), a plan may use tables, provided by the Commissioner, that are developed by rounding the actual amounts of covered compensation for different years of birth.

For purposes of determining covered compensation for the 2008 year the taxable wage base is $102,000.

The following tables provide covered compensation for 2008:

ATTACHMENT I
2008 COVERED COMPENSATION TABLE
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CALENDAR YEAR OF BIRTHCALENDAR YEAR OF SOCIAL SECURITY RETIREMENT AGE2008 COVERED COMPENSATION TABLE II
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19071972$4,488
190819734,704
190919745,004
191019755,316
191119765,664
191219776,060
191319786,480
191419797,044
191519807,692
191619818,460
191719829,300
1918198310,236
1919198411,232
1920198512,276
1921198613,368
1922198714,520
1923198815,708
1924198916,968
1925199018,312
1926199119,728
1927199221,192
1928199322,716
1929199424,312
1930199525,920
1931199627,576
1932199729,304
1933199831,128
1934199933,060
1935200035,100
1936200137,212
1937200239,444
1938200443,992
1939200546,344
1940200648,816
1941200751,348
1942200853,952
1943200956,484
1944201058,992
1945201161,476
1946201263,912
1947201366,324
1948201468,580
1949201570,764
1950201672,828
1951201774,820
1952201876,704
1953201978,540
1954202080,328
1955202283,700
1956202385,332
1957202486,880
1958202588,320
1959202689,712
1960202791,044
1961202892,304
1962202993,492
1963203094,656
1964203195,784
1965203296,828
1966203397,788
1967203498,628
1968203599,360
1969203699,984
19702037100,464
19712038100,896
19722039101,304
19732040101,640
19742041101,868
1975 and Later2042102,000
2008 Rounded Covered Compensation Table
Year of BirthCovered Compensation
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193739,000
1938 - 193945,000
194048,000
194151,000
194254,000
194357,000
1944 - 194560,000
194663,000
194766,000
194869,000
1949 - 195072,000
195175,000
1952 - 195378,000
195481,000
1955 - 195684,000
1957 - 195887,000
1959 - 196090,000
1961 - 196293,000
1963 - 196596,000
1966 - 197099,000
1971 and Later102,000

DRAFTING INFORMATION

The principal author of this revenue ruling is Wayne Bradley of the Employee Plans, Tax Exempt and Government Entities Division. For further information regarding this revenue ruling, please contact the Employee Plans taxpayer assistance telephone service at 1-877-829-5500, between the hours of 8:30 a.m. and 4:30 p.m. Eastern time, Monday through Friday (a toll-free number). Mr. Bradley may be reached via e-mail at RetirementPlanQuestions@irs.gov.

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