- 6 -
which rate shall remain stable for the
entire calendar quarter.
b. With respect to payments made prior to
January 1, 2002, the payment shall be
computed on the basis of the actuarial life
expectancy tables (1983 Group Annuity
Mortality Table, using a blend of 50 percent
male and 50 percent female factors described
in Rev. Rul. 95-6 * * *) (or such other
mortality table as may be prescribed by the
Treasury Secretary pursuant to its authority
under Code section 417(e)(3)), and PBGC
interest rates to determine immediate annuity
rates applicable on the first business day of
the first month in the calendar quarter of
payment. Notwithstanding the foregoing, with
respect to payments made on or after
January 1, 2000 and prior to January 1, 2002,
the payment shall be computed on the basis of
the assumptions set forth in Article
VII.D.4a. or VII.D.4b., whichever produces
the higher payment.
On or about February 15, 2002, Hercules filed a request with
the IRS for a determination that the amended plan met all of the
qualification requirements that were in effect under section
401(a). Hercules described its request in the following manner:
Specifically, pursuant to Revenue Procedure
2000-27, we request a “GUST II” letter with respect to
all changes made by the Uruguay Round Agreements Act of
1994, the Uniform Services Employment and Reemployment
Rights Act of 1994, the Small Business Job Protection
Act of 1996, the Taxpayer Relief Act of 1997, the
Internal Revenue Service Restructuring and Reform Act
of 1998 and the Community Renewal Tax Relief Act of
2000.
Included with Hercules’ request were, among other documents,
Form 5300, Application for Determination for Employee Benefit
Plan; Schedule Q (Form 5300), Nondiscrimination Requirement; and
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