John F. Romann - Page 31

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                                      Appendix                                        
               On April 18, 1973, the Senate Committee on Labor and Public            
          Welfare reported S. 4, the Retirement Income Security for                   
          Employees Act.  S. 4 did not include provisions for declaratory             
          judgments.  119 Cong. Rec. 12926 (1973).                                    
               Section 601(a) of S. 1179, as reported on August 2, 1973, by           
          the Senate Committee on Finance, provided for declaratory                   
          judgments as to tax-qualified status of employee plans.  Proposed           
          section 7477(a)(2) provided as follows:                                     
               SEC. 7477. PROCEDURE.                                                  
                    (a) Right To Bring Action.--                                      
                           *    *    *    *    *    *    *                            
                         (2) Actions brought by employees; intervention by            
                    employer.--An action for a declaratory judgment with              
                    respect to a determination obtained by an employer or             
                    by a trustee may also be brought by an individual who             
                    was an employee of the employer during the period with            
                    respect to which the judgment is sought.  In any such             
                    action brought by an employee, the employer may                   
                    intervene.                                                        
               In S. Rept. 93-383, to accompany S. 1179, the Finance                  
          Committee stated as follows:                                                
                    The committee believes that both employers and                    
               employees should have a right to court adjudication in the             
               situations described above.  The bill deals with the problem           
               by providing that, in the event of an unfavorable                      
               determination (or failure to make a determination), the                
               employer may ask the Tax Court for a declaratory judgment as           
               to the status of a new plan, a plan amendment or a plan to             
               be terminated.  In addition, the committee has decided that            
               interested employees should be allowed to participate in the           
               consideration by the Service of an employer’s request for a            
               determination and any controversy connected with it.  An               
               employee who intervenes in the Service’s determination                 




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