Charles P. Stepnowski - Page 21

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          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.:                             






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Last modified: May 25, 2011