Charles P. Stepnowski - Page 32

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               been made effective for all purposes for the whole of                  
               such period.  * * *                                                    
                    (b) Disqualifying provisions.  For purposes of                    
               this section, with respect to a plan described in                      
               paragraph (a) of this section, the term “disqualifying                 
               provision” means:                                                      
                         *    *    *    *    *    *    *                              
                         (3) A plan provision designated by the                       
               Commissioner, at the Commissioner’s discretion, as a                   
               disqualifying provision that either–-                                  
                              (i) Results in the failure of the plan                  
               to satisfy the qualification requirements of the                       
               Internal Revenue Code by reason of a change in those                   
               requirements; or                                                       
                              (ii) Is integral to a qualification                     
               requirement of the Internal Revenue Code that has been                 
               changed.                                                               
                    (c) Special rules applicable to disqualifying                     
               provisions–-                                                           
                         *    *    *    *    *    *    *                              
                         (2) Method of designating disqualifying                      
               provisions.  The Commissioner may designate a plan                     
               provision as a disqualifying provision pursuant to                     
               paragraph (b)(3) of this section only in revenue                       
               rulings, notices, and other guidance published in the                  
               Internal Revenue Bulletin.  * * *                                      
                         (3) Authority to impose limitations.  In the                 
               case of a provision that has been designated as a                      
               disqualifying provision by the Commissioner pursuant to                
               paragraph (b)(3) of this section, the Commissioner may                 
               impose limits and provide additional rules regarding                   
               the amendments that may be made with respect to that                   
               disqualifying provision during the remedial amendment                  
               period.  The Commissioner may provide guidance in                      
               revenue rulings, notices, and other guidance published                 
               in the Internal Revenue Bulletin.  * * *                               







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Last modified: May 25, 2011