rr-11-01.pdf

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Part I

Section 501.--Exemption From Tax on Corporations, Certain Trusts, Etc.

26 CFR 1.501(a)-1: Exemption from taxation.

(Also, §§ 401, 403; 1.401(a)-2, 1.403(b)-8.)

Rev. Rul. 2011-1

PURPOSE

This revenue ruling modifies the rules for group trusts described in Rev. Rul. 81-
100, 1981-1 C.B. 326, as clarified and modified by Rev. Rul. 2004-67, 2004-2 C.B. 28.
The modifications revise the generally applicable rules for these group trusts and, if
certain requirements are met, permit the participation in group trusts of custodial
accounts under § 403(b)(7), retirement income accounts under § 403(b)(9), and
governmental retiree benefit plans under § 401(a)(24). In addition, this revenue ruling
provides related model language that may be used by group trusts to comply with these
new provisions. This revenue ruling also modifies the transition relief provided in Rev.
Rul. 2008-40, 2008-2 C.B. 166, relating to plans qualifying under section 1165 of the
Puerto Rico Internal Revenue Code (Puerto Rico Code).

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ISSUE
Under what conditions may the assets of qualified plans under § 401(a),
individual retirement accounts (IRAs) under § 408 (including Roth IRAs under §408A),
and eligible governmental plans under § 457(b) be pooled in a group trust described in
Rev. Rul. 81-100 with the assets of custodial accounts under § 403(b)(7), retirement
income accounts under § 403(b)(9), and governmental plans under § 401(a)(24) without
affecting the tax status of these entities or the group trust?
LAW AND ANALYSIS
Section 401(a) provides that a trust created or organized in the United States and
forming a part of a stock bonus, pension, or profit-sharing plan of an employ
er for the
exclusive benefit of its employees or their beneficiaries is qualified if it meets certain
requirements. Section 401(a)(1) provides that one of these requirements is that
contributions be made to the trust by the applicable employer or employees, or both, for
the purpose of distributing to such employees or their beneficiaries the corpus and
income of the fund accumulated in accordance with such plan. Section 501(a) provides,
in part, that a trust described in § 401(a) is exempt from income tax. Section 401(a)(2)
provides, in part, that under each trust instrument it must be impossible, at any time
prior to the satisfaction of all liabilities with respect to employees and their beneficiaries
under the plan and the trust, for any part of the corpus or income of the trust to be used
for or diverted to purposes other than for the exclusive benefit of the employees or their
beneficiaries. Similarly, § 408 provides that an IRA means a trust created or organized
“for the exclusive benefit of an individual or his beneficiaries” and § 457(g) provides that

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the assets of an eligible governmental plan under § 457(b) must be held in trust “for the
exclusive benefit of participants and their beneficiaries.”
Section 401(a)(24) provides that any group trust that otherwise meets the
requirements of § 401(a) does not fail to satisfy such requirements due to the
participation or inclusion of the monies of a plan or governmental unit described in
§ 818(a)(6) in the group trust. Section 818(a)(6) contains special rules regarding the
definition of the term “pension plan contract.” Section 818(a)(6)(A) defines the term to
include a contract purchased by a governmental plan (within the meaning of § 414(d))
and an eligible governmental plan under § 457(b). Section 818(a)(6)(B) further defines
the term to include a contract purchased by the Government of the United States, the
government of any state or political subdivision thereof, or by any agency or
instrumentality of the foregoing, or any organization (other than a governmental unit)
exempt from tax under subtitle A (income taxes), for use in satisfying an obligation of
such government, political subdivision, agency, instrumentality, or organization to
provide a benefit under a plan described in § 818(a)(6)(A).
1

Section 401(f)(1) provides that a custodial account, an annuity contract, or a
contract (other than a life, health or accident, property, casualty, or liability insurance
contract) issued by an insurance company qualified to do business in a State is treated
as a qualified trust under § 401 if the custodial account or contract would constitute a
qualified trust under § 401, except for the fact that it is not a trust. Section 401(f)(2)

1
The Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), Pub. L. No. 97-248, added § 401(a)(24)
to the Code. With respect to that section, the TEFRA conference report explains that “the tax-exempt
status of a group trust will not be adversely affected merely because the trust accepts monies from (a) a
retirement plan of a State or local government, whether or not the plan is a qualified plan and whether or
not the assets are held in trust, or (b) any State or local government monies for use in satisfying an
obligation of such State or local government to provide a retirement benefit under a governmental plan.”
H.R. Conf. Rep. No. 760, 97
th
Cong., 2
nd
Sess. 81, 1982-2 C.B. 682.

4
requires that the assets in any such custodial account are to be held by a bank within
the meaning of § 408(n) or “another person” that demonstrates that it will hold the
assets in a manner consistent with the requirements of § 401. See § 1.408-2(e) of the
Income Tax Regulations for rules regarding nonbank trustees.
Section 403(b) generally provides that amounts contributed by an employer for
an annuity contract are excluded from the gross income of the employee for the taxable
year if certain requirements are satisfied. Section 403(b) applies to contributions made:
for an employee by an employer described in § 501(c)(3) which is exempt from taxation
under § 501(a); for an employee who performs services for an educational organization
described in § 170(b)(1)(A)(ii) by an employer which is a State, a political subdivision of
a State, or an agency or instrumentality of any one of the foregoing; or for a minister
described in § 414(e)(5)(A) by the minister or by an employer.
Section 403(b)(7)(A) provides, in part, that amounts paid by an employer
described in § 403(b)(1) to a custodial account which satisfies the requirements of
§ 401(f)(2) are treated as amounts contributed for an annuity contract for the employee
if the amounts are to be invested in regulated investment company stock to be held in
that custodial account. Section 403(b)(7)(B) provides that a custodial account which
satisfies the requirements of § 401(f)(2) is treated as an organization described in
§ 401(a) solely for purposes of subchapter F of chapter 1 of subtitle A of the Code
(§§ 501-530) and subtitle F of the Code (pertaining to procedure and administration)
with respect to amounts received by the account and with respect to income from the
investment of these amounts. Section 1.403(b)-8(d)(2)(i) provides that all of the
amounts held in the account must be invested in the stock of a regulated investment

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company (as defined in § 851(a)). Section 1.403(b)-8(d)(2)(i) provides that the assets
of a custodial account under § 403(b)(7) cannot be commingled in a group trust with any
assets other than those of a regulated investment company described in § 851(a).
Section 1.403(b)-8(d)(2)(iii) provides that a custodial account under § 403(b)(7) must
contain a written statement that the assets held in a custodial account cannot be used
for, or diverted to, purposes other than for the exclusive benefit of plan participants or
their beneficiaries.
Section 403(b)(9) provides that a retirement income account is treated as an
annuity contract and amounts paid by an employer described in § 403(b)(1)(A) to a
retirement income account are treated as amounts contributed to an annuity contract for
the employee. Section 403(b)(9)(B) provides that a retirement income account means a
defined contribution program established or maintained by a church, or convention or
association of churches, including an organization described in § 414(e)(3)(A), to
provide benefits under § 403(b) for an employee described in § 403(b)(1) or the
employee’s beneficiaries. Section 1.403(b)-9(a)(2)(i) requires separate accounting for
the retirement income account’s interest in the underlying assets, and that a § 403(b)(9)
retirement income account contain a written statement that the assets held in the
retirement income account cannot be used for, or diverted to, purposes other than for
the exclusive benefit of plan participants or their beneficiaries.
Rev. Rul. 81-100, as clarified and modified by Rev. Rul. 2004-67, holds that if
specified requirements are satisfied, a group trust is exempt from taxation under
§ 501(a) with respect to its funds which equitably belong to participating trusts described
in § 401(a) and is exempt from taxation under § 408(e) with respect to its funds which

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equitably belong to IRAs. Rev. Rul. 81-100, as clarified and modified by Rev. Rul.
2004-67, sets forth the following requirements for a group trust: (1) the group trust must
be adopted as a part of each adopting employer’s plan or each adopting individual
retirement account; (2) the group trust instrument must expressly limit participation in
the group trust to pension, profit-sharing, and stock bonus trusts or custodial accounts
qualifying under § 401(a) that are exempt under § 501(a), individual retirement accounts
that are exempt under § 408(e), and eligible governmental plan trusts or custodial
accounts under § 457(b) that are exempt under § 457(g) (adopting entities); (3) the
group trust instrument must prohibit any part of its corpus or income that equitably
belongs to any adopting entity from being used for or diverted to any purpose other than
for the exclusive benefit of the employees (and the individual for whom an individual
retirement account is maintained) and their beneficiaries who are entitled to benefits
under such adopting entity; (4) the group trust instrument must prohibit the assignment
by an adopting entity of any part of its equity or interest in the group trust; and (5) the
group trust must be created or organized in the United States and be maintained at all
times as a domestic trust in the United States.
To ensure that the assets of a group trust described in Rev. Rul. 81-100, as
clarified and modified by Rev. Rul. 2004-67 (generally referred to hereinafter as an 81-
100 group trust), are only commingled with the assets of similar plans or arrangements,
each entity adopting the group trust must be tax-exempt under § 501(a) of the Code (or
not subject to Federal income taxation) and must be part of a plan that satisfies an
exclusive benefit rule that is similar to the exclusive benefit rule of § 401(a) and §
1.401(a)-2, as more fully described in paragraph (5) of the Holding of this revenue

7
ruling. For this purpose, the group trust must also keep separate records of each
adopting entity’s interest in the group trust, as more fully described in paragraph (6) of
the Holding of this revenue ruling.
The Service has received several inquiries as to whether a governmental plan
that provides retiree welfare benefits will be treated as a plan described in § 401(a)(24)
and may invest in an 81-100 group trust. Section 401(a)(24) applies to governmental
plans that provide pension benefits and to governmental plans that provide other
employee benefits for retirees such as retiree welfare benefits (a § 401(a)(24)
governmental plan). Accordingly, a governmental plan providing retiree welfare benefits
may be treated as a governmental plan under § 401(a)(24) and may invest in an 81-100
group trust.
The Service has also received inquiries as to whether a plan described in section
1022(i)(1) of the Employee Retirement Income Security Act of 1974 (ERISA) (a section
1022(i)(1) plan) may participate in an 81-100 group trust. Some of these inquiries have
arisen in the context of Rev. Rul. 2008-40, which holds that a transfer of assets and
liabilities from a qualified plan to a plan that satisfies section 1165 of the Puerto Rico
Code is treated as a distribution from the transferor plan, even if the recipient plan is
described in section 1022(i)(1) of ERISA. Rev. Rul. 2008-40 also provides, however,
that this holding is not effective for a transfer if the date of the transfer is before January
1, 2011. The inquiries state that sponsors of qualified plans currently participating in 81-
100 group trusts want to transfer assets and liabilities to section 1022(i)(1) plans prior to
January 1, 2011, but are concerned that such plans may not be able to participate in an
81-100 group trust. If a section 1022(i)(1) plan is not permitted to participate in an 81-

8
100 group trust then, upon a transfer of assets and liabilities from a qualified plan to a
section 1022(i)(1) plan prior to January 1, 2011, pursuant to the relief set forth in Rev.
Rul. 2008-40, the assets that are transferred to a section 1022(i)(1) plan that were
previously invested in the 81-100 group trust will need to be distributed to the plans from
the group trust and the plans will lose the advantages of participating in the group trust.
Section 4042(d) of ERISA authorizes the Pension Benefit Guaranty Corporation
(PBGC) as statutory trustee to take control of the assets of a terminated plan. Under
ERISA section 4042(a), the PBGC maintains certain commingled trust funds to hold and
invest such assets upon becoming statutory trustee. These commingled trust funds are
limited to (i) assets attributable to terminated tax-qualified defined benefit plans for
which the PBGC has become statutory trustee, and (ii) assets transferred to the PBGC
under ERISA section 4050 from terminated tax-qualified plans which, under ERISA
section 4050(a)(2), are treated as assets attributable to terminated tax-qualified defined
benefit plans for which the PBGC has become statutory trustee. Thus, from time to
time, a group trust may hold assets attributable to PBGC’s commingled trust funds.
HOLDING
Accordingly, on or after January 10, 2011, provided that the requirements below
are satisfied, the assets of qualified plans under § 401(a), IRAs, and eligible
governmental plans under § 457(b) may be pooled in a group trust described in Rev.
Rul. 81-100, as clarified and modified by Rev. Rul. 2004-67 and this revenue ruling, with
the assets of custodial accounts under § 403(b)(7), retirement income accounts under §
403(b)(9), and § 401(a)(24) governmental plans without
affecting the tax status of the
group trust or the tax status of each of the separate group trust retiree benefit plans

9
participating in the group trust. For purposes of this revenue ruling, all of the entities
listed in the preceding sentence are collectively referred to as “group trust retiree benefit
plans.”
A custodial account under § 403(b)(7) will fail to satisfy § 1.403(b)-8(d)(2)(i) if the
assets of the account are invested other than in the stock of a regulated investment
company, and any group trust in which the assets of a § 403(b)(7) custodial account is
invested must comply with this restriction. Accordingly, as a result of this investment
restriction, the assets of a custodial account under § 403(b)(7) generally will be
commingled in a group trust that solely contains the assets of other § 403(b)(7)
custodial accounts.
If the requirements below are satisfied, the tax status of the group trust will be
derived from the tax status of the participating entities to the extent of their equitable
interests in the group trust. Thus, for example, a group trust is exempt from taxation
under § 501(a) with respect to the assets of the group trust which equitably belong to
participating trusts described in § 401(a) that are exempt from tax under § 501(a).
The requirements are as follows:
(1) The group trust is itself adopted as a part of each adopting group trust retiree
benefit plan.
(2) The group trust instrument expressly limits participation to: pension, profit-
sharing, and stock bonus trusts or custodial accounts qualifying under § 401(a)
that are exempt under § 501(a); individual retirement accounts that are exempt
under § 408(e); eligible governmental plan trusts or custodial accounts under §
457(b) that are exempt under § 457(g); custodial accounts under § 403(b)(7);

10
retirement income accounts under § 403(b)(9); and § 401(a)(24) governmental
plans.
(3) The group trust instrument expressly prohibits any part of its corpus or
income that equitably belongs to any adopting group trust retiree benefit plan
from being used for, or diverted to, any purpose other than for the exclusive
benefit of the participants and the beneficiaries of the group trust retiree benefit
plan. For example, plan assets are treated as used for, or diverted to, a purpose
other than for the exclusive benefit of the plan participants or beneficiaries if the
assets of one group trust retiree benefit plan are used to provide benefits under
another group trust retiree benefit plan even if the plan participant or beneficiary
receiving the benefits is a participant or beneficiary under both plans.
(4) Each group trust retiree benefit plan entity which adopts the group trust is
itself a trust, a custodial account, or a similar entity that is tax-exempt under
§ 408(e) or § 501(a) (or is treated as tax-exempt under § 501(a)). A group trust
retiree benefit plan that is a § 401(a)(24) governmental plan is treated as meeting
this requirement if it is not subject to Federal income taxation.
(5) Each group trust retiree benefit plan which adopts the group trust expressly
provides in its governing document that it is impossible for any part of the corpus
or income of the group trust retiree benefit plan to be used for, or diverted to,
purposes other than for the exclusive benefit of the plan participants and their
beneficiaries. For this purpose, assets of a group trust retiree benefit plan are
treated as used for, or diverted to, purposes other than for the exclusive benefit
of the plan participants and their beneficiaries if there is a loan or other extension

11
of credit from assets in the group trust to the employer. In addition, plan assets
are used for, or diverted to, purposes other than for the exclusive benefit of the
plan participants and their beneficiaries if the assets of one group trust retiree
benefit plan are used to provide benefits under another group trust retiree benefit
plan even if the plan participant or beneficiary receiving the benefits is a
participant or beneficiary under both plans. The exclusive benefit requirement
described in this paragraph (5) must be irrevocable. Plans that satisfy the
following regulations, with respect to each type of adopting plan to which the
regulations apply, will satisfy this paragraph (5): § 1.401(a)-2 (for qualified plans);
§ 1.403(b)-8(d)(2)(iii) (for § 403(b)(7) custodial accounts); § 1.403(b)-9(a)(2)(i)(C)
(for § 403(b)(9) retirement income accounts); § 1.408-2(b) (for IRAs); and §
1.457-8(a)(2)(i) (for eligible governmental plans described in § 457(g)).
(6) The group trust instrument expressly limits the assets that may be held by the
group trust to assets that are contributed by, or transferred from, a group trust
retiree benefit plan to the group trust (and the earnings thereon), and the group
trust instrument expressly provides for separate accounts (and appropriate
records) to be maintained to reflect the interest which each adopting group trust
retiree benefit plan has in the group trust, including separate accounting for
contributions to the group trust from the adopting plan, disbursements made from
the adopting plan’s account in the group trust, and investment experience of the
group trust allocable to that account. A transaction or accounting method which
has the effect of directly or indirectly transferring value from the account of one
adopting plan into the account of another adopting plan violates this separate

12
accounting requirement. However, a transaction that merely exchanges
investments at fair market value between the accounts of one adopting plan to
another account of that adopting plan does not violate this separate accounting
requirement.
(7) The group trust instrument expressly prohibits an assignment by an adopting
group trust retiree benefit plan of any part of its equity or interest in the group
trust.
(8) The group trust is created or organized in the United States and is maintained
at all times as a domestic trust in the United States.
In addition, under ERISA section 4042(a), the PBGC maintains certain
commingled trust funds which are limited to (i) assets attributable to terminated tax-
qualified defined benefit plans for which the PBGC has become statutory trustee under
section 4042 of ERISA, and (ii) assets transferred to the PBGC under ERISA section
4050 from terminated tax-qualified plans which, under ERISA section 4050(a)(2), are
treated as assets attributable to terminated tax-qualified defined benefit plans for which
the PBGC has become statutory trustee. A group trust will not be treated as failing to
satisfy the foregoing enumerated requirements of this revenue ruling merely because
the PBGC, rather than a qualified plan, holds the interest in the group trust or merely
because the group trust holds assets attributable to PBGC’s commingled trust funds.
MODEL AMENDMENTS
There are two model amendments set forth below. Amendment 1 is for a group
trust that received a determination letter from the Service prior to January 10, 2011, that
the group trust satisfies Rev. Rul. 81-100, but that does not satisfy the separate account

13
requirement of paragraph (6) of the Holding in this revenue ruling. Amendment 2 is for
a group trust that received a determination letter from the Service prior to January 10,
2011, that the group trust satisfies Rev. Rul. 81-100, and that intends to permit custodial
accounts under § 403(b)(7), retirement income accounts under § 403(b)(9), or §
401(a)(24) governmental retirement plans to participate in the group trust. Both model
amendments should be adopted by group trusts that do not satisfy the separate account
requirement and intend to permit custodial accounts under § 403(b)(7), retirement
income accounts under § 403(b)(9), or § 401(a)(24) governmental retirement plans to
participate in the group trust.

AMENDMENT 1 - GROUP TRUSTS THAT DO NOT SATISFY THE SEPARATE
ACCOUNT REQUIREMENT
In general, group trusts that have received favorable determination letters from
the Service currently satisfy the separate account requirement of paragraph (6) of the
Holding in this revenue ruling. However, a sponsor of a group trust that satisfies Rev.
Rul. 81-100, as modified by Rev. Rul. 2004-67, but that does not currently provide for
separate accounts, must amend its group trust instrument by January 10, 2012, to
provide for separate accounts as required under this revenue ruling. A sponsor of a
group trust may satisfy this requirement by amending its group trust instrument to
include the model language below:
“A separate account will be maintained to reflect the interest of each adopting
group trust retiree benefit plan, including separate accounting for contributions to the
group trust by each such plan, disbursements made from each such plan’s account, and
the investment experience of the group trust as allocable to that account.”

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AMENDMENT 2 - GROUP TRUSTS INTENDING TO PERMIT OTHER GROUP
TRUST RETIREE BENEFIT PLANS TO PARTICIPATE
A sponsor of a group trust that satisfies Rev. Rul. 81-100, as modified by Rev.
Rul. 2004-67, may amend its group trust instrument to include the model language
below to reflect this revenue ruling:

“This group trust is operated or maintained exclusively for the commingling and
collective investment of funds from other trusts that it holds. Notwithstanding any
contrary provision in this group trust, the trustee of this group trust is permitted,
unless restricted in writing by the named fiduciary, to hold in this group trust
funds that consist exclusively of trust assets held under plans qualified under
Internal Revenue Code (Code) § 401(a) that are exempt under Code § 501(a);
funds from Code § 401(a)(24) governmental retiree benefit plans that are not
subject to Federal income taxation; funds from retirement income accounts under
Code § 403(b)(9); funds from individual retirement accounts that are exempt
under Code § 408(e); and funds from eligible governmental plan trusts or
custodial accounts under Code § 457(b) that are exempt under Code § 457(g).
The trustee of this group trust is also permitted, unless restricted in writing by the
named fiduciary, to hold funds in this group trust that consist of assets of
custodial accounts under Code § 403(b)(7), provided that if assets of a custodial
account under § 403(b)(7) are invested in the group trust, all assets of the group
trust, including the § 403(b)(7) custodial accounts, are solely permitted to be
invested in stock of regulated investment companies. For this purpose, a trust
includes a custodial account that is treated as a trust under Code § 401(f),
403(b)(7), 408(h), or 457(g)(3).

“For purposes of valuation, the value of the interest maintained by the fund with
respect to any plan or account in such group trust shall be the fair market value
of the portion of the fund held for that plan or account, determined in accordance
with generally recognized valuation procedures.”

RELIANCE BY TRUSTEES WITH PRIOR DETERMINATION LETTER
If a group trust instrument provides that amendments to the group trust will
automatically pass-through to the group trust retiree benefit plan, and the trustee of the
group trust is otherwise entitled to rely on a favorable determination letter issued to it

15
prior to January 10, 2011, regarding eligibility of its group trust under Rev. Rul. 81-100,
the group trust trustee will not lose its right to rely on its determination letter merely
because it adopts Model Amendment 1 or Model Amendment 2 set forth above in this
revenue ruling on a word-for-word basis (or adopts an amendment that is substantially
similar in all material respects). Thus, such a trustee may adopt Model Amendment 1 or
Model Amendment 2 on a word-for-word basis (or adopt an amendment that is
substantially similar in all material respects) and continue to rely on the previously
issued determination letter regarding its group trust without filing a request with the
Service for a new determination letter.
A trustee of a group trust that satisfies the above requirements and amends its
group trust to include Model Amendment 1 or Model Amendment 2 on a word-for-word
basis (or adopts an amendment that is substantially similar in all material respects) will
also not lose its right to rely on its prior determination letter merely because it becomes
necessary, as a result of the adoption of such model amendment (or an amendment
that is substantially similar in all material respects), to modify or delete a prior provision
that is inconsistent with the model amendment so adopted (or an amendment that is
substantially similar in all material respects that is so adopted).
Generally, the group trust instrument will provide that amendments to the group
trust will automatically pass through to the group trust retiree benefit plans. However, a
group trust that has received a favorable determination letter under Rev. Proc. 2010-6,
2010-1 I.R.B. 193 (or its predecessors), that does not contain such a pass-through
provision may not adopt Model Amendment 1 or Model Amendment 2 and automatically
continue to rely on its determination letter.

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PLANS DESCRIBED IN SECTION 1022(i)(1) OF ERISA
The Service anticipates issuing guidance as to whether a plan described in
section 1022(i)(1) of ERISA may participate in an 81-100 group trust. Until such
guidance is issued, the Service will not treat a group trust as failing to satisfy the
requirements of this revenue ruling merely because the group trust includes the assets
of a section 1022(i)(1) plan as long as the section 1022(i)(1) plan (1) was participating in
the group trust as of January 10, 2011, or (2) holds assets that had been held by a
qualified plan immediately prior to the transfer of those assets to the section 1022(i)(1)
plan pursuant to the transition relief in Rev. Rul. 2008-40, as modified by this revenue
ruling. In addition, Rev. Rul. 2008-40 is hereby modified to extend the transition relief
for transfers from a qualified plan to a section 1022(i)(1) transferee plan for an additional
year. Thus, “January 1, 2012” is substituted for “January 1, 2011” each place it appears
in the Transition Relief section of Rev. Rul. 2008-40.

EFFECT ON OTHER DOCUMENTS
Rev. Ruls. 81-100, 2004-67, and 2008-40 are modified.
REQUEST FOR COMMENTS
The IRS requests comments on whether annuity contracts and/or other tax-
favored accounts held by plans described in § 401(a) or § 403(b), such as pooled
separate accounts supporting annuity contracts that are treated as trusts under § 401(f),
should be permitted to invest in the group trusts described in this revenue ruling.
Comments should be submitted by April 11, 2011,
to CC:PA:LPD:PR (Rev. Rul. 2011-
1), Room 5203, Internal Revenue Service, POB 7604 Ben Franklin Station, Washington,
D.C. 20044. Comments may be hand delivered Monday through Friday between the

17
hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (Rev. Rul. 2011-1), Courier's Desk,
Internal Revenue Service, 1111 Constitution Ave., N.W., Washington D.C.
Alternatively, comments may be submitted via the Internet at
Notice.comments@irscounsel.treas.gov
. Please include “Rev. Rul. 2011-1” in the
subject line of any electronic communication. All materials submitted will be available
for public inspection and copying.
DRAFTING INFORMATION
The principal author of this revenue ruling is Robert Walsh 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 (a toll-free number) between the hours of 8:00 a.m. and 4:30
p.m. Eastern Time, Monday through Friday, or e-mail Mr. Walsh at
RetirementPlanQuestions@irs.gov.