at time of writing, gentoo TuxOnIce is at sys-kernel/tuxonice-sources-3.0.26 and gentoo sources is at sys-kernel/gentoo-sources-3.3.1.
so after compiling tuxonice-sources (here is my .config for reference) and configuring all the hibernate / suspend scripts referenced here i realized that after resuming from either suspend to ram or hibernating to swap that my function keys were borked.
after doing some googling, it turns out that its a known bug with tuxonice and thinkpads for the function keys to no longer work on resume.
so i decided to just customize a gentoo-sources kernel to support suspending-to-ram and hibernating-to-swap using the thinkpad function keys.
if you decide to use my configurations, make sure that you have sys-power/acpid emerged and set to start on boot or default, and also have sys-power/hibernate-script emerged for all the hibernate and suspend functionality.
now i have a thinkpad that suspends and hibernates without the need of the TuxOnIce patches and works just the same.
here is the bug i found concerning thinkpads and tuxonice even though it says fixed, i have still had issues with it. it could just be use flag vanilla with TuxOnIce, but this was way easier to implement.