Charles P. Stepnowski - Page 31

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          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 have                    





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