- 21 - than the amount calculated using the applicable mortality table and the applicable interest rate; and (3) provides that the applicable interest rate is the annual interest rate on 30-year Treasury securities for the second calendar month preceding the calendar month in which the PBGC interest rate would have otherwise been determined before the amendment. (The amendment to the lump-sum payment option also satisfies the requirements of section 1.417(e)-1(d)(4), Income Tax Regs., by (1) providing for a calendar quarter “stability period” with respect to the applicable interest rate; (2) specifying that the “lookback month” for determining the applicable interest rate is the second calendar month preceding the stability period; and (3) applying the time and method for determining the applicable interest rate uniformly to all of the participants falling under Schedule B of the amended plan. See sec. 1.417(e)-1(d)(4)(i) through (iii), Income Tax Regs.) Notwithstanding the amendment’s compliance with the safe harbor provided by section 1.417(e)-1(d)(10)(iv), Income Tax Regs., petitioner contends that the amended plan violates the anti-cutback rule of section 411(d)(6) because the change in the interest rate assumption used to calculate the present value of a participant’s accrued benefit under the lump-sum payment option occurred after the deadline specified in the following portion of section 1.417(e)-1(d)(10)(i), Income Tax Regs.:Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011