401 k and m comment letter

October 22, 2003 By Hand-Delivery Internal Revenue Service CC:ITA:RU (REG-108639-99) Room 5226 Internal Revenue Service 1111 Constitution Avenue, N.W. Washington, DC 20044 Re: Proposed Regulations Related to Cash or Deferred Arrangements under Section 401(k) and Matching Contributions or Employee Contributions under Section 401(m) Dear Sir or Madam: This comment letter is submitted by the American Benefits Council (the “Council”) with respect to Proposed Regulations sections 1.401(k)-0 through 1.401(k)-6 and 1.401(m)-0 through 1.401(m)-5 (the “Proposed Regulations”). The Council is a public policy organization representing principally Fortune 500 companies and other organizations that assist employers of all sizes in providing benefits to employees. Collectively, the Council’s members either sponsor directly or provide services to retirement and health plans that cover more than 100 million Americans. The Proposed Regulations would have a significant impact on the 401(k) and 401(m) plans sponsored and serviced by our members. We submit these comments, which represent the highest priority issues identified to date by our members, in order to initiate a productive dialogue with the Internal Revenue Service and Department of the Treasury. The Council believes that these Proposed Regulations represent an important step forward in both simplifying the regulatory requirements applicable ...