Section 401(a)(35) of the Internal Revenue Code of 1986, as amended (the “Code”), which was added by the Pension Protection Act of 2006 (“PPA ‘06”), requires diversification rights for participants and beneficiaries with respect to publicly traded employer securities held in certain defined contribution plans. Section 204(j) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), also added by PPA ’06, contains requirements that are parallel to those under Code Section 401(a)(35). ERISA Section 101(m), also added by PPA ’06, requires plans to provide participants and beneficiaries with a notice that sets forth these diversification rights and that describes the importance of diversifying the investment of retirement assets. These provisions are generally effective for plan years beginning after December 31, 2006. The Internal Revenue Service has issued transitional guidance (the “Guidance”) on these diversification requirements, as well as a model notice under ERISA Section 101(m).