- 31 - 1.417(e)-1(d), Income Tax Regs. Thus, it follows that plan sponsors had until February 28, 2002, to adopt plan amendments falling under the safe harbors provided by section 1.417(e)-1(d)(10)(ii) through (v), Income Tax Regs. Accordingly, Hercules had until February 28, 2002, to adopt amendments to the lump-sum payment option in accordance with the safe harbor provided by section 1.417(e)-1(d)(10)(iv), Income Tax Regs. In an effort to avoid this conclusion, petitioner contends that, because “the continuing use of the PBGC interest rate cannot be a ‘disqualifying provision’” within the meaning of the Treasury regulations promulgated under section 401(b), “the series of Revenue Procedures relating to the remedial amendment period with respect to the extensive GUST I or GUST II amendments did not extend the period during which Hercules could amend the plan to provide that the 30-year Treasury bond rate would be used”. As discussed below, petitioner’s contention is unpersuasive. Section 1.401(b)-1, Income Tax Regs., explains the operation of section 401(b) and provides, in pertinent part, as follows: (a) General rule. Under section 401(b) a * * * pension * * * plan which does not satisfy the requirements of section 401(a) on any day solely as a result of a disqualifying provision * * * shall be considered to have satisfied such requirements on such date if, on or before the last day of the remedial amendment period * * * with respect to such disqualifying provision, all provisions of the plan which are necessary to satisfy all requirements of * * * [section] 401(a) * * * are in effect and havePage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011