2009 is coming to an end, but don't start singing "Auld Lang Syne" just yet. There are still a number of 401(k) plan-related tasks that may need to get done before you ring in the New Year. Here are some of the year-end items you may have to complete to maintain the tax-qualified status of your 401(k) plan.

Administrative tasks

The following four administrative tasks are common to virtually all 401(k) plans:

1. 401(k) elections. Employers should verify that no participant has contributed more than the $16,500 maximum limit on the amount of elective deferrals that can be made by a 401(k), 403(b) or 457(b) plan participant in 2009. This is an individual limit and not a plan limit. Employers are responsible for administering these dollar limits for their employees, but the employees themselves are responsible for monitoring the limit if they participate in several plans during the year with other employers.

2. Catch-up contributions. For 2009, 401(k) plans may also permit participants who have attained age 50 to make catch-up contributions of up to $5,500. As with regular 401(k) contributions, the catch-up limit is aggregated for all 401(k) and 403(b) plans.

3. Beneficiary forms. Your employees' lives don't remain static. You should make sure that you have up-to-date beneficiary forms for each of your participants.

4. Minimum distribution requirement. If you have any participants who are required to receive annual minimum distribution requirements under the 70-1/2 rules, payments to these participants are due by December 31, 2009. For those participants who received their initial required minimum distribution by April 1, a second distribution is also due by Dec. 31.

Government reporting tasks

There are several ERISA reporting and disclosure requirements for 401(k) plans. The three most common are:

1. Form 5500 filing requirements. 2009 is the year in which Form 5500 must be electronically signed and filed.

Your service provider should be prepared to assist. Confirm that all retirement plans for which an annual Form 5500 filing will be required in 2010 have been identified.

2. Fidelity bond. ERISA requires a fidelity bond for every plan fiduciary and every person who handles funds or property of a plan. You should confirm that the bond is up-to-date.

The amount of the bond must not be less than 10% of plan assets, but must be at least $1,000 and generally not more than $500,000.

3. Form 945. If you withhold income tax from a 401(k) plan, you are required to file a Form 945 for 2009 by January 31, 2010.

Annual notice requirements

401(k) plans require a myriad of annual notices to employees. Here are three of the most common:

1. Regular safe harbor. If your plan intends to satisfy 401(k) nondiscrimination requirements by making safe harbor contributions, you must provide participants with at least 30-days notice prior to the beginning of a plan year. For calendar year plans, the notice date is December 1, 2009.

2. Conditional safe harbor. Your plan can also satisfy 401(k) nondiscrimination requirements by making a 3% nonelective contribution on a conditional basis. Under this approach, the notice to employees states that a safe harbor contribution may be made for 2010. It must be provided by the same 30-day deadline discussed above, (or Dec. 31, for calendar year plans).

The 2010 decision to fund the 3% nonelective contribution must be communicated to employees at least 30 days prior to the end of 2010 (or Dec. 1, 2010 for calendar year plans).

3. Qualified default investment alternative. A QDIA is an investment alternative (e.g., asset allocation fund, target-date fund, or managed account) into which participant contributions are defaulted if the participant has not made his or her own investment election.

A plan fiduciary will generally receive fiduciary protection for those defaulted investments if the proper ERISA requirements are met. One of these ERISA requirements is to provide an annual notice to all participants that have been defaulted into a QDIA. The notice must be provided at least 30 days before the beginning of each plan year, or Dec. 1, for calendar year plans.

This list is far from complete and describes only some of the year-end items you may need to finish. Review your plan's specific situation with your service provider so you can have a happy new year.