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applicable interest rate rules and the applicable
mortality table rules of sec. 417(e)(3)(A), as amended
by RPA 94, must apply to all distributions with annuity
starting dates that occur in plan years beginning after
December 31, 1999.
.09 Section 1.401(b)-1T(c)(3) authorizes the
Commissioner to impose limits and provide additional
rules regarding the amendments that may be made within
the remedial amendment period with respect to a plan
provision that has been designated by the Commissioner
as a disqualifying provision under sec. 401(b).
* * * * * * *
SECTION 3. EXTENSION OF REMEDIAL AMENDMENT PERIOD
.01 The remedial amendment period described in
Rev. Proc. 97-41 and Rev. Proc. 98-14, hereafter
referred to as the “GUST” remedial amendment period,
is, in the case of nongovernmental plans, hereby
extended to the last day of the first plan year
beginning on or after January 1, 2000. * * *
* * * * * * *
.06 Finally, the extension of the remedial
amendment period also applies to the time for adopting
amendments of defined benefit plans to provide that
benefits will be determined in accordance with the
applicable interest rate rules and applicable mortality
table rules of sec. 1.417(e)-1(d). Thus, such a plan
amendment may be adopted at any time up to the last day
of the extended remedial amendment period, provided the
amendment is made effective for distributions with
annuity starting dates occurring in plan years
beginning after December 31, 1999. However, pursuant
to the Commissioner’s authority in sec.
1.401(b)-1T(c)(3), if such a plan amendment is adopted
after the last day of the last plan year beginning
before January 1, 2000, the amendment must provide
that, with respect to distributions with annuity
starting dates that are after the last day of that plan
year but before the date of adoption of the amendment,
the distribution will be the greater of the amount that
would be determined under the plan without regard to
the amendment and the amount determined under the plan
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