Rev. Rul. 2009-2

Rev. Rul. 2009-2
in: Rev. Rul. 2009-2

Rev. Rul. 2009-2

2009 covered compensation tables; permitted disparity. The covered compensation tables under section 401 of the Code for the year 2009 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 2009 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 2009 year, the taxable wage base is $106,800.

The following tables provide covered compensation for 2009:

ATTACHMENT I
2009 COVERED COMPENSATION TABLE
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CALENDAR YEAR OF BIRTHCALENDAR YEAR OF SOCIAL SECURITY RETIREMENT AGE2009 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
1943200956,628
1944201059,268
1945201161,884
1946201264,464
1947201367,008
1948201469,408
1949201571,724
1950201673,920
1951201776,044
1952201878,084
1953201980,052
1954202081,972
1955202285,620
1956202387,384
1957202489,064
1958202590,660
1959202692,184
1960202793,648
1961202895,052
1962202996,372
1963203097,680
1964203198,940
19652032100,116
19662033101,220
19672034102,192
19682035103,068
19692036103,824
19702037104,448
19712038105,012
19722039105,552
19732040106,032
19742041106,392
19752042106,656
1976 and Later2043106,800
ATTACHMENT II
2009 ROUNDED COVERED COMPENSATION TABLE
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CALENDAR YEAR OF BIRTH2009 COVERED COMPENSATION ROUNDED
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1937$ 39,000
1938 - 193945,000
194048,000
194151,000
194254,000
194357,000
194460,000
1945 - 194663,000
194766,000
194869,000
194972,000
1950 - 195175,000
195278,000
1953 - 195481,000
1955 - 195687,000
1957 - 195890,000
1959 - 196093,000
1961 - 196296,000
1963 - 196599,000
1966 - 1968102,000
1969 - 1972105,000
1973 and Later106,800

DRAFTING INFORMATION

The principal author of this revenue ruling is Michael Spaid 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. Spaid may be reached via e-mail at RetirementPlanQuestions@irs.gov.

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