-31- 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 determinationPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011