Charles P. Stepnowski - Page 34

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          exercised the Commissioner’s authority under section                        
          1.401(b)-1(c)(3), Income Tax Regs., in Rev. Proc. 99-23, supra,             
          by establishing an additional requirement for plan sponsors that            
          adopted amendments to those plan provisions in plan years                   
          beginning after December 31, 1999.  Specifically, Rev. Proc.                
          99-23, sec. 3.06, 1999-1 C.B. at 923, added the following                   
          requirement:  If the sponsor of a defined benefit plan, which               
          uses the calendar year as its plan year, adopted an amendment to            
          a plan provision providing for the determination of the present             
          value of a participant’s accrued benefit on or after January 1,             
          2000, the amendment had to be made effective for distributions              
          with annuity starting dates occurring on or after January 1,                
          2000, and had to provide that, with respect to distributions with           
          annuity starting dates occurring on or after January 1, 2000, but           
          before the date of the adoption of the amendment, the amount of             
          any such distributions would be the greater of the amount                   
          determined under the plan without regard to the amendment and the           
          amount determined under the plan with regard to the amendment.              
               As discussed above, the amendment that Hercules made to the            
          lump-sum payment option falls squarely within the safe harbor               
          provided by section 1.417(e)-1(d)(10)(iv), Income Tax Regs.                 
          Because Hercules amended the lump-sum payment option in 2001, the           
          amendment occurred before the February 28, 2002, deadline to                
          adopt such plan amendments had passed.  Furthermore, the 2001               






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