-33- 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 minimumPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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