The IRS, on May 18, 2009, published proposed regulations, Suspension or Reduction of Safe Harbor
Nonelective Contributions, that would amend Regulations under Code §§401(k) and 401(m). These
proposed regulations provide employers incurring a substantial business hardship an alternative to
terminating their §401(k) safe harbor plans. Employers meeting certain requirements can reduce or
suspend required safe harbor nonelective contributions without losing their plan’s qualified status.

The IRS has announced the 2010 cost-of-living adjustments for various retirement plan dollar limits.