-17- Paragraph (b)(4)6 of the regulation supersedes paragraphs (b)(1), (2), and (3) in the case of collectively bargained plans. 6 Sec. 1.7476-1, Income Tax Regs., provides, in pertinent part, as follows: SEC. 1.7476-1 Interested parties. * * * * * * * (b) Interested parties-- * * * * * * * (4) Collectively bargained plans. In the case of an application with respect to a plan described in section 413(a) (relating to collectively bargained plans), paragraphs (b)(1), (2) and (3) of this section shall not apply and all present employees covered by a collective-bargaining agreement pursuant to which the plan is maintained shall be interested parties. (5) Plan terminations. In the case of an application for an advance determination with respect to whether a plan termination affects the continuing qualification of a retirement plan, paragraphs (b)(1), (2), (3) and (4) of this section shall not apply, and all present employees with accrued benefits under the plan, all former employees with vested benefits under the plan, and all beneficiaries of deceased former employees currently receiving benefits under the plan, shall be interested parties. * * * * * * * (c) Special rules. For purposes of paragraph (b) of this section and section 1.7476-2: (1) Time of determination. The status of an individual as an interested party and as a present employee or former employee shall be determined as of a date determined by the applicant, which date shall not be earlier than five business days before the first date on which the notice of the application is given to interested parties pursuant to section 1.7476-2 nor later than the date on which such notice is given.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011