John F. Romann - Page 33

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          declaratory judgment actions brought by employees, was identical            
          to the language of S. 1179 as reported by the Senate Finance                
          Committee and described in S. Rept. 93-383.  Accordingly, it is             
          appropriate to look to the Senate Finance Committee’s report on             
          S. 1179 for an authoritative explanation of section 601(a) of               
          H.R. 4200, as passed by the Senate.                                         
               On October 2, 1973, the House Committee on Education and               
          Labor reported H.R. 2, the Employee Benefit Security Act.  H.R. 2           
          did not include provisions for declaratory judgments.                       
               On February 5, 1974, the House Committee on Ways and Means             
          reported H.R. 12481, to provide pension reform.  Section 1041(a)            
          of H.R. 12481 provided for declaratory judgments as to tax-                 
          qualified status of employee plans.  Proposed section 7476(b)(1)            
          was identical to what was enacted, except that the bill did not             
          provide that the Pension Benefit Guaranty Corporation could be a            
          petitioner.  In H. Rept. 93-779, to accompany H.R. 12481, the               
          House Ways and Means Committee stated as follows:                           
               Since the special tax benefits provided by the tax law are             
               provided as an incentive to employers to adopt plans which             
               provide for broad coverage of employees and protection of              
               participants and beneficiaries, these individuals are to be            
               treated as interested parties (under regulations prescribed            
               by the Secretary or his delegate), and thus may petition the           
               Tax Court to declare that the plan as constituted does not             
               satisfy the requirements of the tax law designed to protect            
               the employees and their beneficiaries as intended by                   
               Congress.  For example, a participant under a plan would be            
               entitled to bring an action if he alleges that the vesting             
               provisions under the plan do not satisfy the minimum vesting           
               requirements of the tax law (sec. 411), and thus the plan is           
               not entitled to the tax benefits provided for qualified                
               plans unless the plan is amended to satisfy the minimum                




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