Frank A. Sonier - Page 8




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               We agree with respondent that even if the plan has a low               
          rate of return, no actual controversy exists because petitioner             
          has not raised an issue that would put at risk the qualification            
          of the plan under section 401.                                              
               Petitioner complains that the MAIL Plan's rate of return is            
          unsatisfactory, and that he did not vote for this plan.  There is           
          no requirement in section 401, or in related provisions, that a             
          retirement plan grow at a specified rate, or that its                       
          participants be satisfied with the rate of return.  Likewise,               
          there is no requirement that the plan be approved by all present            
          employees.  Thus, petitioner raises no argument that calls into             
          question the qualified status of the plan under section 401 and             
          related provisions.                                                         
               Petitioner's primary request is that we terminate the MAIL             
          Plan.  However, section 7476 authorizes the Court only to make              
          declarations with respect to the initial qualification, the                 
          continuing qualification, or the failure to make a determination            
          with respect to a retirement plan.  Thus, section 7476 allows us            
          only to review the qualification of the plan.  It does not afford           
          the remedy of termination of a retirement plan.                             
               This appears to be a dispute between petitioner and the MAIL           
          Plan administrators.  Accordingly, we find that there is no                 
          actual controversy over which we have jurisdiction under section            







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