Revised Regulations Concerning Disclosure of Relative Values of Optional Forms of Benefit, 4058-4061 [05-1553]
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4058
Federal Register / Vol. 70, No. 18 / Friday, January 28, 2005 / Proposed Rules
at P1–511 can be connected to R5–73; and,
before further flight, do the corrective action,
as applicable; by accomplishing all of the
actions specified in paragraph B.1.b. of the
Accomplishment Instructions of Boeing
Service Bulletin DC8–26–047, Revision 1,
dated September 4, 2003.
Note 2: For the purposes of this AD, a
general visual inspection is defined as: ‘‘A
visual examination of an interior or exterior
area, installation, or assembly to detect
obvious damage, failure, or irregularity. This
level of inspection is made from within
touching distance unless otherwise specified.
A mirror may be necessary to enhance visual
access to all exposed surfaces in the
inspection area. This level of inspection is
made under normally available lighting
conditions such as daylight, hangar lighting,
flashlight, or droplight and may require
removal or opening of access panels or doors.
Stands, ladders, or platforms may be required
to gain proximity to the area being checked.’’
(h) Within 18 months of the effective date
of this AD, install lanyards on the electrical
connectors for the engine fire extinguishing
agent containers in the left and right wing
front spar; and, before further flight, do all
the related investigative/corrective actions, as
applicable; by accomplishing all of the
actions specified in paragraph B.1.c. of the
Accomplishment Instructions of Boeing
Service Bulletin DC8–26–047, Revision 1,
dated September 4, 2003.
Installation If Applicable
(i) For airplanes equipped with an
auxiliary power unit (APU) installation in the
forward cargo compartment at station
Y=640.000: Within 18 months of the effective
date of this AD, install lanyards on the
electrical connectors for the APU fire
extinguishing agent containers; and, before
further flight, do all the related investigative/
corrective actions, as applicable; by
accomplishing all of the actions specified in
paragraph B.2. of the Accomplishment
Instructions of Boeing Service Bulletin DC8–
26–047, Revision 1, dated September 4, 2003.
Terminating Action
(j) Accomplishment of the actions specified
in paragraphs (g) and (h) of this AD
terminates the repetitive inspections and
electrical tests required by paragraph (f) of
this AD.
Credit for Previous Service Bulletin
(k) Actions done before the effective date
of this AD in accordance with Boeing Service
Bulletin DC8–26–047, dated April 2, 2003, is
acceptable for compliance with the
corresponding requirements in paragraphs
(g), (h), and (i) of this AD.
Alternative Methods of Compliance
(AMOCs)
(l) The Manager, Los Angeles Aircraft
Certification Office, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
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Issued in Renton, Washington, on January
18, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–1588 Filed 1–27–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Part 382
[Docket No. OST–2004–19482]
RIN 2105–AC97
Nondiscrimination on the Basis of
Disability in Air Travel
Office of the Secretary (OST),
U.S. Department of Transportation
(DOT).
ACTION: Extension of comment period on
proposed rule.
AGENCY:
SUMMARY: The Department is extending
through March 4, 2005, the period for
interested persons to submit comments
to its proposed rule to amend
regulations implementing the Air
Carrier Access Act.
DATES: Comments must be received by
March 4, 2005. Comments received after
this date will be considered to the
extent practicable.
ADDRESSES: Please include the docket
number of this document in all
comments submitted to the docket.
Written comments should be sent to
Docket Clerk, Department of
Transportation, 400 7th Street, SW.,
Room PL–401, Washington, DC 20590.
For confirmation of the receipt of
written comments, commenters may
include a stamped, self-addressed
postcard. The Docket Clerk will datestamp the postcard and mail it back to
the commenter. Comments will be
available for inspection at this address
from 10 a.m. to 5:30 p.m., Monday
through Friday. Comments can also be
reviewed through the Dockets
Management System (DMS) pages of the
Department’s Web site (https://
dms.dot.gov). Commenters may also
submit comments electronically.
Instructions appear on the DMS Web
site.
FOR FURTHER INFORMATION CONTACT:
Robert C. Ashby, Deputy Assistant
General Counsel for Regulation and
Enforcement, 400 7th Street, SW., Room
10424, Washington DC., 20590. Phone
202–366–9310; TTY: 202–755–7687;
Fax: 202–366–9313. E-mail:
bob.ashby@ost.dot.gov.
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On
November 4, 2004, the Department of
Transportation issued a notice of
proposed rulemaking (NPRM) that
would amend 49 CFR Part 382, the
Department’s regulation implementing
the Air Carrier Access Act (69 FR
64364). The NPRM would apply the
requirements of Part 382 to foreign air
carriers, require air carrier web sites to
be accessible to persons with impaired
vision, and generally update and
improve the organization of the existing
regulation. The original comment
closing date was February 2, 2005.
The Air Transport Association (ATA)
requested an extension of the comment
period, in order to permit them to gather
additional information from their
members and present better-informed
comments to the Department. They
requested a 30-day extension of the
comment period. This request was
supported by comments from the
International Air Transport Association,
Regional Airline Association, and Air
Carrier Association of America.
The Department is granting the
requested extension, which we hope
will result in more thorough comments
to the docket than might otherwise be
possible, not only from ATA. We also
urge, given the additional time provided
by this extension, that commenters
make every effort to provide detailed
data concerning the issues they raise.
Therefore, the Department of
Transportation will extend the comment
period 30 days, ending March 4, 2005.
We do not anticipate the need for any
further extensions.
SUPPLEMENTARY INFORMATION:
Issued this 19th day of January, 2005, at
Washington, DC.
Jeffrey A. Rosen,
General Counsel.
[FR Doc. 05–1562 Filed 1–26–05; 10:08 am]
BILLING CODE 4910–62–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[REG–152914–04]
RIN 1545–BD97
Revised Regulations Concerning
Disclosure of Relative Values of
Optional Forms of Benefit
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: This document contains
proposed regulations that would revise
final regulations that were issued on
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Federal Register / Vol. 70, No. 18 / Friday, January 28, 2005 / Proposed Rules
December 17, 2003, under section
417(a)(3) of the Internal Revenue Code
concerning content requirements
applicable to explanations of qualified
joint and survivor annuities and
qualified preretirement survivor
annuities payable under certain
retirement plans. These regulations
affect plan sponsors and administrators,
and participants in and beneficiaries of,
certain retirement plans.
DATES: Written and electronic comments
and requests for a public hearing must
be received by April 28, 2005.
ADDRESSES: Send submissions to:
CC:PA:LPD:PR (REG–152914–04), room
5203, Internal Revenue Service, PO Box
7604, Ben Franklin Station, Washington,
DC 20044. Submissions may be handdelivered Monday through Friday
between the hours of 8 a.m. and 4 p.m.
to: CC:PA:LPD:PR (REG–152914–04),
Courier’s Desk, Internal Revenue
Service, 1111 Constitution Avenue,
NW., Washington, DC, or sent
electronically, via the IRS Internet site
at https://www.irs.gov/regs or via the
Federal eRulemaking Portal at https://
www.regulations.gov (indicate IRS and
REG–152914–04).
FOR FURTHER INFORMATION CONTACT:
Concerning the regulations, Bruce Perlin
at (202) 622–6090 (not a toll-free
number); concerning submissions or
hearing requests, Lanita Van Dyke, (202)
622–7180 (not a toll-free number).
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act
The collections of information
contained in this notice of proposed
rulemaking have been previously
reviewed and approved by the Office of
Management and Budget in accordance
with the Paperwork Reduction Act of
1995 (44 U.S.C. 3507(d)) under control
number 1545–0928.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a valid control
number assigned by the Office of
Management and Budget.
Books or records relating to a
collection of information must be
retained as long as their contents may
become material in the administration
of any internal revenue law. Generally,
tax returns and tax return information
are confidential, as required by 26
U.S.C. 6103.
Background
Section 417(a) provides rules under
which a participant (with spousal
consent) may waive payment of the
participant’s benefit in the form of
qualified joint and survivor annuity
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(QJSA). Specifically, section 417(a)(3)
provides that a plan must provide to
each participant, within a reasonable
period before the annuity starting date,
a written explanation that includes the
following information: (1) The terms
and conditions of the QJSA; (2) the
participant’s right to make an election to
waive the QJSA form of benefit; (3) the
effect of such an election; (4) the rights
of the participant’s spouse; and (5) the
right to revoke an election to waive the
QJSA form of benefit.
Section 205 of the Employee
Retirement Income Security Act of 1974
(ERISA), Public Law 93–406 (88 Stat.
829) as subsequently amended, provides
rules that are parallel to the rules of
sections 401(a)(11) and 417 of the
Internal Revenue Code. In particular,
section 205(c)(3) of ERISA provides a
rule parallel to the rule of section
417(a)(3) of the Code.
Section 1.401(a)–20, which provides
rules governing the requirements for a
waiver of the QJSA, was published in
the Federal Register on August 19, 1988
(TD 8219) (53 FR 31837). Section
1.401(a)–20, Q & A–36, as published in
1988, set forth requirements for the
explanation that must be provided
under section 417(a)(3) as a prerequisite
to waiver of a QJSA. Under those
requirements, such a written
explanation must contain a general
description of the eligibility conditions
and other material features of the
optional forms of benefit and sufficient
additional information to explain the
relative values of the optional forms of
benefit available under the plan (e.g.,
the extent to which optional forms are
subsidized relative to the normal form
of benefit or the interest rates used to
calculate the optional forms). In
addition, § 1.401(a)–20, Q & A–36, as
published in 1988, provided that the
written explanation must comply with
the requirements set forth in § 1.401(a)–
11(c)(3). Section 1.401(a)–11(c)(3) was
issued prior to the enactment of section
417, and provides rules relating to
written explanations that were required
prior to a participant’s election of a
preretirement survivor annuity or
election to waive a joint and survivor
annuity. Section 1.401(a)–11(c)(3)(i)(C)
provides that such a written explanation
must contain a general explanation of
the relative financial effect of these
elections on a participant’s annuity.
For a married participant, the QJSA
must be at least as valuable as any other
optional form of benefit payable under
the plan at the same time. See
§ 1.401(a)–20, Q & A–16. Further, the
anti-forfeiture rules of section 411(a)
prohibit a participant’s benefit under a
defined benefit plan from being satisfied
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through payment of a form of benefit
that is actuarially less valuable than the
value of the participant’s accrued
benefit expressed in the form of an
annual benefit commencing at normal
retirement age. These determinations
must be made using reasonable actuarial
assumptions. However, see section
417(e)(3) and § 1.417(e)–1(d) for
actuarial assumptions required for use
in certain present value calculations.
Final regulations under section
417(a)(3) regarding disclosure of the
relative value and financial effect of
optional forms of benefit as part of QJSA
explanations provided to participants
receiving qualified retirement plan
distributions were published in the
Federal Register on December 17, 2003.
See § 1.417(a)(3)–1 (68 FR 70141). The
2003 regulations are generally effective
for QJSA explanations provided with
respect to annuity starting dates
beginning on or after October 1, 2004.
The 2003 regulations were issued in
response to concerns that, in certain
cases, the information provided to
participants under section 417(a)(3)
regarding available distribution forms
pursuant to § 1.401(a)–20, Q & A–36,
does not adequately enable them to
compare those distribution forms
without professional advice. In
particular, participants who are eligible
for early retirement benefits in the form
of both subsidized annuity distributions
and unsubsidized single-sum
distributions may be receiving
explanations that do not adequately
disclose the value of the subsidy that is
foregone if the single-sum distribution is
elected. In such a case, merely
disclosing the amount of the single-sum
distribution and the amount of the
annuity payments would not adequately
enable a participant to make an
informed comparison of the relative
values of those distribution forms. The
2003 regulations address this problem,
as well as the problem of disclosure in
other cases where there are significant
differences in value among optional
forms, and also clarify the rules
regarding the disclosure of the financial
effect of benefit payments.
A number of commentators requested
that the effective date of the 2003
regulations be postponed. Among the
reasons cited is the need in some plans
for sponsors to complete an extensive
review and analysis of optional forms of
benefit in order to prepare proper
comparisons of the relative values of
those optional forms to the QJSA. They
noted that recently proposed regulations
under section 411(d)(6) would permit
elimination of certain optional forms of
benefit and that many plan sponsors can
be expected to engage in a thorough
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Federal Register / Vol. 70, No. 18 / Friday, January 28, 2005 / Proposed Rules
review of all of the optional forms of
benefit under their plans following
publication of the those regulations in
final form. See § 1.411(d)–3, 69 FR
13769 (March 24, 2004). These
commentators argued that it would be
inefficient for plans to be required to
incur the costs of two such extensive
analyses in succession, rather than a
single analysis of optional forms that
might serve to some extent for purposes
of both the relative value regulations
and the section 411(d)(6) regulations.
After consideration of these comments,
Treasury and the IRS issued
Announcement 2004–58 (2004–29 I.R.B.
66), which postponed the effective date
of the 2003 regulations under
§ 1.417(a)(3)–1 for certain QJSA
explanations.
Under section 101 of Reorganization
Plan No. 4 of 1978 (43 FR 47713), the
Secretary of the Treasury has
interpretive jurisdiction over ERISA
provisions that are parallel to the Code
provisions addressed in these
regulations. Therefore, these proposed
regulations would apply for purposes of
the parallel rules in section 205(c)(3) of
ERISA, as well as for section 417(a)(3)
of the Code.
Explanation of Provisions
Consistent with Announcement 2004–
58, these proposed regulations would
modify the 2003 regulations to provide
that the 2003 regulations are generally
effective for QJSA explanations
provided with respect to annuity
starting dates beginning on or after
February 1, 2006. In the interim, plans
that do not comply with § 1.417(a)(3)–1
would be required to comply with the
1988 regulations regarding disclosure of
relative value and financial effect.
However, the existing effective date
under § 1.417(a)(3)–1 of the 2003
regulations is retained for explanations
with respect to any optional form of
benefit that is subject to the
requirements of section 417(e)(3) (e.g.,
single sums, social security level
income options, distributions in the
form of partial single sums in
combination with annuities, or
installment payment options) if the
actuarial present value of that optional
form is less than the actuarial present
value (as determined under section
417(e)(3)) of the QJSA. Thus, for
example, a QJSA explanation provided
with respect to an annuity starting date
beginning on or after October 1, 2004,
must comply with § 1.417(a)(3)–1 to the
extent that the plan provides for
payment to that participant in the form
of a single sum that does not reflect an
early retirement subsidy available under
the QJSA. Where the existing effective
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date is retained, the plan must disclose
the relative value of the QJSA for the
participant even if the plan provides a
disclosure of relative values that is not
tailored to the participant’s marital
status. Accordingly, if a plan provides a
relative value disclosure based on the
single life annuity (the QJSA for a single
participant) to a married participant, the
plan must also include a comparison of
the value of the QJSA to the value of the
single life annuity.
The proposed regulations include a
special rule that would enable a plan to
use the delayed effective date rule even
if there are minor differences between
the value of an optional form and the
value of the QJSA for a married
participant that are caused by the
calculation of the amount of the
optional form of benefit based on the
life annuity rather than on the QJSA.
Under this special rule, solely for
purposes of the effective date
provisions, the actuarial present value
of an optional form is treated as not
being less than the actuarial present
value of the QJSA if the following two
conditions are met. First, using the
applicable interest rate and applicable
mortality table under §§ 1.417(e)–1(d)(2)
and (3), the actuarial present value of
that optional form is not less than the
actuarial present value of the QJSA for
an unmarried participant. Second, using
reasonable actuarial assumptions, the
actuarial present value of the QJSA for
an unmarried participant is not less
than the actuarial present value of the
QJSA for a married participant.
These proposed regulations would
also modify the 2003 regulations in
several other respects. First, for
purposes of disclosing the normal form
of benefit as part of a disclosure made
in the form of generally applicable
information, reasonable estimates of the
type permitted to be used to disclose
participant-specific information may be
used to determine the normal form of
benefit, but only if the plan follows the
requirements applicable to reasonable
estimates used in disclosing participantspecific information (such as offering a
more precise calculation upon request
and revising previously offered
information consistent with the more
precise information). Second, a QJSA
explanation does not fail to satisfy the
requirements for QJSA explanations
made in the form of disclosures of
generally applicable information merely
because the QJSA explanation contains
an item of participant-specific
information in place of the
corresponding generally applicable
information.
In addition, the proposed regulations
would modify § 1.401(a)–20, Q&A–16,
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to clarify the interaction of the rule
prohibiting a plan from providing an
option to a married individual that is
worth more than the QJSA with the
requirement that certain optional forms
of benefit be calculated using specified
actuarial assumptions. Under that
clarification, a plan would not fail to
satisfy the requirements of § 1.401(a)–
20, Q&A–16, merely because the amount
payable under an optional form of
benefit that is subject to the minimum
present value requirement of section
417(e)(3) is calculated using the
applicable interest rate (and, for periods
when required, the applicable mortality
table) under section 417(e)(3).
Dates of Applicability
The changes to § 1.401(a)–20, A–36,
and § 1.417(a)(3)–1 are proposed to
apply as if they had been included in
TD 9099 (68 FR 70141). The change to
§ 1.401(a)–20, Q&A–16, is proposed to
apply as if it had been included in TD
8219 (53 FR 31837). Taxpayers may rely
on these proposed regulations for
guidance pending the issuance of final
regulations.
Special Analyses
It has been determined that this notice
of proposed rulemaking is not a
significant regulatory action as defined
in Executive Order 12866. Therefore a
regulatory assessment is not required. It
also has been determined that section
553(b) of the Administrative Procedure
Act (5 U.S.C. chapter 5) does not apply
to these regulations, and because the
regulation does not impose a collection
of information on small entities, the
Regulatory Flexibility Act (5 U.S.C.
chapter 6) does not apply. Pursuant to
section 7805(f) of the Code, this notice
of proposed rulemaking will be
submitted to the Chief Counsel for
Advocacy of the Small Business
Administration for comment on its
impact on small business.
Comments and Public Hearing
Before these proposed regulations are
adopted as final regulations,
consideration will be given to any
electronic or written comments
(preferably a signed original and eight
(8) copies) that are submitted timely to
the IRS. In addition to the other requests
for comments set forth in this
document, the IRS and Treasury also
request comments on the clarity of the
proposed rule and how it may be made
easier to understand. All comments will
be available for public inspection and
copying. A public hearing will be
scheduled if one is requested.
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Federal Register / Vol. 70, No. 18 / Friday, January 28, 2005 / Proposed Rules
Drafting Information
The principal authors of these
regulations are Bruce Perlin and Linda
S.F. Marshall of the Office of the
Division Counsel/Associate Chief
Counsel (Tax Exempt and Government
Entities). However, other personnel
from the IRS and Treasury participated
in their development.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Proposed Amendments to the
Regulations
Accordingly, 26 CFR part 1 is
proposed to be amended as follows:
PART 1—INCOME TAX; TAXABLE
YEARS BEGINNING AFTER
DECEMBER 31, 1986
Paragraph 1. The authority citation
for part 1 continues to read in part as
follows:
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 1.401(a)–20 is
amended by:
1. Adding a sentence to the end of
Q&A–16.
2. Adding a sentence to the end of
Q&A–36.
The additions read as follows:
§ 1.401(a)–20 Requirements of qualified
joint and survivor annuity and qualified
preretirement survivor annuuity.
*
*
*
*
*
A–16 * * * A plan does not fail to
satisfy the requirements of this Q&A–16
merely because the amount payable
under an optional form of benefit that is
subject to the minimum present value
requirement of section 417(e)(3) is
calculated using the applicable interest
rate (and, for periods when required, the
applicable mortality table) under section
417(e)(3).
*
*
*
*
*
A–36 * * * However, the rules of
§ 1.401(a)–20, Q&A–36, as it appeared in
26 CFR Part 1 revised April 1, 2003,
apply to the explanation of a QJSA
under section 417(a)(3) for an annuity
starting date prior to February 1, 2006.
*
*
*
*
*
Par. 3. Section 1.417(a)(3)–1 is
amended by:
1. Removing the language ‘‘paragraph
(c)(3)(iii) of’’ from paragraph
(c)(2)(ii)(A).
2. Adding a sentence to the end of
paragraph (d)(2)(ii).
3. Adding paragraph (d)(5).
4. Revising paragraph (f).
The additions and revision read as
follows:
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§ 1.417(a)(3)–1 Required explanation of
qualified joint and survivor annuity and
qualified preretirement survivor annuity.
*
*
*
*
*
(d) * * *
(2) * * *
(ii) Actual benefit must be disclosed.
* * * Reasonable estimates of the type
described in paragraph (c)(3)(i) may be
used to determine the normal form of
benefit for purposes of this paragraph
(d)(2)(ii) if the requirements of
paragraphs (c)(3)(ii) and (iii) of this
section are satisfied with respect to
those estimates.
*
*
*
*
*
(5) Use of participant-specific
information in generalized notice. A
QJSA explanation does not fail to satisfy
the requirements of this paragraph (d)
merely because it contains an item of
participant-specific information in place
of the corresponding generally
applicable information.
*
*
*
*
*
(f) Effective date—(1) General
effective date for QJSA explanations.
Except as provided in paragraph (f)(2) of
this section, this section applies to a
QJSA explanation with respect to any
distribution with an annuity starting
date that is on or after February 1, 2006.
(2) Special effective date for certain
QJSA explanations—(i) Application to
QJSA explanations with respect to
certain optional forms that are less
valuable than the QJSA. This section
also applies to a QJSA explanation with
respect to any distribution with an
annuity starting date that is on or after
October 1, 2004, and before February 1,
2006, if the actuarial present value of
any optional form of benefit that is
subject to the requirements of section
417(e)(3) (e.g., single sums, distributions
in the form of partial single sums in
combination with annuities, social
security level income options, and
installment payment options) is less
than the actuarial present value (as
determined under § 1.417(e)–1(d)) of the
QJSA. For purposes of this paragraph
(f)(2)(i), the actuarial present value of an
optional form is treated as not less than
the actuarial present value of the QJSA
if—
(A) Using the applicable interest rate
and applicable mortality table under
§ 1.417(e)–1(d)(2) and (3), the actuarial
present value of that optional form is
not less than the actuarial present value
of the QJSA for an unmarried
participant; and
(B) Using reasonable actuarial
assumptions, the actuarial present value
of the QJSA for an unmarried
participant is not less than the actuarial
present value of the QJSA for a married
participant.
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4061
(ii) Requirement to disclose
differences in value for certain optional
forms. A QJSA explanation with respect
to any distribution with an annuity
starting date that is on or after October
1, 2004, and before February 1, 2006, is
only required to be provided under this
section with respect to—
(A) An optional form of benefit that is
subject to the requirements of section
417(e)(3) and that has an actuarial
present value that is less than the
actuarial present value of the QJSA (as
described in paragraph (f)(2)(i) of this
section); and
(B) The QJSA (determined without
application of paragraph (c)(2)(ii) of this
section).
(3) Annuity starting date. For
purposes of paragraphs (f)(1) and (2) of
this section, in the case of a retroactive
annuity starting date under section
417(a)(7), as described in § 1.417(e)–
1(b)(3)(vi), the date of commencement of
the actual payments based on the
retroactive annuity starting date is
substituted for the annuity starting date.
(4) Effective date for QPSA
explanations. This section applies to
any QPSA explanation provided on or
after July 1, 2004.
Mark E. Matthews,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 05–1553 Filed 1–27–05; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF DEFENSE
32 CFR Part 202
Restoration Advisory Boards (RABs)
Department of Defense, Office
of the Deputy Under Secretary of
Defense (Installations and
Environment), DoD.
ACTION: Proposed rule.
AGENCY:
SUMMARY: The Department of Defense
(DoD) requests public comment on these
proposed regulations regarding the
scope, characteristics, composition,
funding, establishment, operation,
adjournment, and dissolution of
Restoration Advisory Boards (RABs).
DoD has proposed these regulations in
response to 10 U.S.C. 2705(d)(2)(A),
which requires the Secretary of Defense
to prescribe regulations regarding RABs.
The propose of the RAB is to facilitate
public participation in DoD
environmental restoration activities and
active and closing DoD installations and
formerly used defense sites where local
communities express interest in such
activities. The proposed regulations are
based on DoD’s current policies for
E:\FR\FM\28JAP1.SGM
28JAP1
Agencies
[Federal Register Volume 70, Number 18 (Friday, January 28, 2005)]
[Proposed Rules]
[Pages 4058-4061]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1553]
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[REG-152914-04]
RIN 1545-BD97
Revised Regulations Concerning Disclosure of Relative Values of
Optional Forms of Benefit
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This document contains proposed regulations that would revise
final regulations that were issued on
[[Page 4059]]
December 17, 2003, under section 417(a)(3) of the Internal Revenue Code
concerning content requirements applicable to explanations of qualified
joint and survivor annuities and qualified preretirement survivor
annuities payable under certain retirement plans. These regulations
affect plan sponsors and administrators, and participants in and
beneficiaries of, certain retirement plans.
DATES: Written and electronic comments and requests for a public
hearing must be received by April 28, 2005.
ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG-152914-04), room
5203, Internal Revenue Service, PO Box 7604, Ben Franklin Station,
Washington, DC 20044. Submissions may be hand-delivered Monday through
Friday between the hours of 8 a.m. and 4 p.m. to: CC:PA:LPD:PR (REG-
152914-04), Courier's Desk, Internal Revenue Service, 1111 Constitution
Avenue, NW., Washington, DC, or sent electronically, via the IRS
Internet site at https://www.irs.gov/regs or via the Federal eRulemaking
Portal at https://www.regulations.gov (indicate IRS and REG-152914-04).
FOR FURTHER INFORMATION CONTACT: Concerning the regulations, Bruce
Perlin at (202) 622-6090 (not a toll-free number); concerning
submissions or hearing requests, Lanita Van Dyke, (202) 622-7180 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act
The collections of information contained in this notice of proposed
rulemaking have been previously reviewed and approved by the Office of
Management and Budget in accordance with the Paperwork Reduction Act of
1995 (44 U.S.C. 3507(d)) under control number 1545-0928.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a valid
control number assigned by the Office of Management and Budget.
Books or records relating to a collection of information must be
retained as long as their contents may become material in the
administration of any internal revenue law. Generally, tax returns and
tax return information are confidential, as required by 26 U.S.C. 6103.
Background
Section 417(a) provides rules under which a participant (with
spousal consent) may waive payment of the participant's benefit in the
form of qualified joint and survivor annuity (QJSA). Specifically,
section 417(a)(3) provides that a plan must provide to each
participant, within a reasonable period before the annuity starting
date, a written explanation that includes the following information:
(1) The terms and conditions of the QJSA; (2) the participant's right
to make an election to waive the QJSA form of benefit; (3) the effect
of such an election; (4) the rights of the participant's spouse; and
(5) the right to revoke an election to waive the QJSA form of benefit.
Section 205 of the Employee Retirement Income Security Act of 1974
(ERISA), Public Law 93-406 (88 Stat. 829) as subsequently amended,
provides rules that are parallel to the rules of sections 401(a)(11)
and 417 of the Internal Revenue Code. In particular, section 205(c)(3)
of ERISA provides a rule parallel to the rule of section 417(a)(3) of
the Code.
Section 1.401(a)-20, which provides rules governing the
requirements for a waiver of the QJSA, was published in the Federal
Register on August 19, 1988 (TD 8219) (53 FR 31837). Section 1.401(a)-
20, Q & A-36, as published in 1988, set forth requirements for the
explanation that must be provided under section 417(a)(3) as a
prerequisite to waiver of a QJSA. Under those requirements, such a
written explanation must contain a general description of the
eligibility conditions and other material features of the optional
forms of benefit and sufficient additional information to explain the
relative values of the optional forms of benefit available under the
plan (e.g., the extent to which optional forms are subsidized relative
to the normal form of benefit or the interest rates used to calculate
the optional forms). In addition, Sec. 1.401(a)-20, Q & A-36, as
published in 1988, provided that the written explanation must comply
with the requirements set forth in Sec. 1.401(a)-11(c)(3). Section
1.401(a)-11(c)(3) was issued prior to the enactment of section 417, and
provides rules relating to written explanations that were required
prior to a participant's election of a preretirement survivor annuity
or election to waive a joint and survivor annuity. Section 1.401(a)-
11(c)(3)(i)(C) provides that such a written explanation must contain a
general explanation of the relative financial effect of these elections
on a participant's annuity.
For a married participant, the QJSA must be at least as valuable as
any other optional form of benefit payable under the plan at the same
time. See Sec. 1.401(a)-20, Q & A-16. Further, the anti-forfeiture
rules of section 411(a) prohibit a participant's benefit under a
defined benefit plan from being satisfied through payment of a form of
benefit that is actuarially less valuable than the value of the
participant's accrued benefit expressed in the form of an annual
benefit commencing at normal retirement age. These determinations must
be made using reasonable actuarial assumptions. However, see section
417(e)(3) and Sec. 1.417(e)-1(d) for actuarial assumptions required
for use in certain present value calculations.
Final regulations under section 417(a)(3) regarding disclosure of
the relative value and financial effect of optional forms of benefit as
part of QJSA explanations provided to participants receiving qualified
retirement plan distributions were published in the Federal Register on
December 17, 2003. See Sec. 1.417(a)(3)-1 (68 FR 70141). The 2003
regulations are generally effective for QJSA explanations provided with
respect to annuity starting dates beginning on or after October 1,
2004.
The 2003 regulations were issued in response to concerns that, in
certain cases, the information provided to participants under section
417(a)(3) regarding available distribution forms pursuant to Sec.
1.401(a)-20, Q & A-36, does not adequately enable them to compare those
distribution forms without professional advice. In particular,
participants who are eligible for early retirement benefits in the form
of both subsidized annuity distributions and unsubsidized single-sum
distributions may be receiving explanations that do not adequately
disclose the value of the subsidy that is foregone if the single-sum
distribution is elected. In such a case, merely disclosing the amount
of the single-sum distribution and the amount of the annuity payments
would not adequately enable a participant to make an informed
comparison of the relative values of those distribution forms. The 2003
regulations address this problem, as well as the problem of disclosure
in other cases where there are significant differences in value among
optional forms, and also clarify the rules regarding the disclosure of
the financial effect of benefit payments.
A number of commentators requested that the effective date of the
2003 regulations be postponed. Among the reasons cited is the need in
some plans for sponsors to complete an extensive review and analysis of
optional forms of benefit in order to prepare proper comparisons of the
relative values of those optional forms to the QJSA. They noted that
recently proposed regulations under section 411(d)(6) would permit
elimination of certain optional forms of benefit and that many plan
sponsors can be expected to engage in a thorough
[[Page 4060]]
review of all of the optional forms of benefit under their plans
following publication of the those regulations in final form. See Sec.
1.411(d)-3, 69 FR 13769 (March 24, 2004). These commentators argued
that it would be inefficient for plans to be required to incur the
costs of two such extensive analyses in succession, rather than a
single analysis of optional forms that might serve to some extent for
purposes of both the relative value regulations and the section
411(d)(6) regulations. After consideration of these comments, Treasury
and the IRS issued Announcement 2004-58 (2004-29 I.R.B. 66), which
postponed the effective date of the 2003 regulations under Sec.
1.417(a)(3)-1 for certain QJSA explanations.
Under section 101 of Reorganization Plan No. 4 of 1978 (43 FR
47713), the Secretary of the Treasury has interpretive jurisdiction
over ERISA provisions that are parallel to the Code provisions
addressed in these regulations. Therefore, these proposed regulations
would apply for purposes of the parallel rules in section 205(c)(3) of
ERISA, as well as for section 417(a)(3) of the Code.
Explanation of Provisions
Consistent with Announcement 2004-58, these proposed regulations
would modify the 2003 regulations to provide that the 2003 regulations
are generally effective for QJSA explanations provided with respect to
annuity starting dates beginning on or after February 1, 2006. In the
interim, plans that do not comply with Sec. 1.417(a)(3)-1 would be
required to comply with the 1988 regulations regarding disclosure of
relative value and financial effect.
However, the existing effective date under Sec. 1.417(a)(3)-1 of
the 2003 regulations is retained for explanations with respect to any
optional form of benefit that is subject to the requirements of section
417(e)(3) (e.g., single sums, social security level income options,
distributions in the form of partial single sums in combination with
annuities, or installment payment options) if the actuarial present
value of that optional form is less than the actuarial present value
(as determined under section 417(e)(3)) of the QJSA. Thus, for example,
a QJSA explanation provided with respect to an annuity starting date
beginning on or after October 1, 2004, must comply with Sec.
1.417(a)(3)-1 to the extent that the plan provides for payment to that
participant in the form of a single sum that does not reflect an early
retirement subsidy available under the QJSA. Where the existing
effective date is retained, the plan must disclose the relative value
of the QJSA for the participant even if the plan provides a disclosure
of relative values that is not tailored to the participant's marital
status. Accordingly, if a plan provides a relative value disclosure
based on the single life annuity (the QJSA for a single participant) to
a married participant, the plan must also include a comparison of the
value of the QJSA to the value of the single life annuity.
The proposed regulations include a special rule that would enable a
plan to use the delayed effective date rule even if there are minor
differences between the value of an optional form and the value of the
QJSA for a married participant that are caused by the calculation of
the amount of the optional form of benefit based on the life annuity
rather than on the QJSA. Under this special rule, solely for purposes
of the effective date provisions, the actuarial present value of an
optional form is treated as not being less than the actuarial present
value of the QJSA if the following two conditions are met. First, using
the applicable interest rate and applicable mortality table under
Sec. Sec. 1.417(e)-1(d)(2) and (3), the actuarial present value of
that optional form is not less than the actuarial present value of the
QJSA for an unmarried participant. Second, using reasonable actuarial
assumptions, the actuarial present value of the QJSA for an unmarried
participant is not less than the actuarial present value of the QJSA
for a married participant.
These proposed regulations would also modify the 2003 regulations
in several other respects. First, for purposes of disclosing the normal
form of benefit as part of a disclosure made in the form of generally
applicable information, reasonable estimates of the type permitted to
be used to disclose participant-specific information may be used to
determine the normal form of benefit, but only if the plan follows the
requirements applicable to reasonable estimates used in disclosing
participant-specific information (such as offering a more precise
calculation upon request and revising previously offered information
consistent with the more precise information). Second, a QJSA
explanation does not fail to satisfy the requirements for QJSA
explanations made in the form of disclosures of generally applicable
information merely because the QJSA explanation contains an item of
participant-specific information in place of the corresponding
generally applicable information.
In addition, the proposed regulations would modify Sec. 1.401(a)-
20, Q&A-16, to clarify the interaction of the rule prohibiting a plan
from providing an option to a married individual that is worth more
than the QJSA with the requirement that certain optional forms of
benefit be calculated using specified actuarial assumptions. Under that
clarification, a plan would not fail to satisfy the requirements of
Sec. 1.401(a)-20, Q&A-16, merely because the amount payable under an
optional form of benefit that is subject to the minimum present value
requirement of section 417(e)(3) is calculated using the applicable
interest rate (and, for periods when required, the applicable mortality
table) under section 417(e)(3).
Dates of Applicability
The changes to Sec. 1.401(a)-20, A-36, and Sec. 1.417(a)(3)-1 are
proposed to apply as if they had been included in TD 9099 (68 FR
70141). The change to Sec. 1.401(a)-20, Q&A-16, is proposed to apply
as if it had been included in TD 8219 (53 FR 31837). Taxpayers may rely
on these proposed regulations for guidance pending the issuance of
final regulations.
Special Analyses
It has been determined that this notice of proposed rulemaking is
not a significant regulatory action as defined in Executive Order
12866. Therefore a regulatory assessment is not required. It also has
been determined that section 553(b) of the Administrative Procedure Act
(5 U.S.C. chapter 5) does not apply to these regulations, and because
the regulation does not impose a collection of information on small
entities, the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not
apply. Pursuant to section 7805(f) of the Code, this notice of proposed
rulemaking will be submitted to the Chief Counsel for Advocacy of the
Small Business Administration for comment on its impact on small
business.
Comments and Public Hearing
Before these proposed regulations are adopted as final regulations,
consideration will be given to any electronic or written comments
(preferably a signed original and eight (8) copies) that are submitted
timely to the IRS. In addition to the other requests for comments set
forth in this document, the IRS and Treasury also request comments on
the clarity of the proposed rule and how it may be made easier to
understand. All comments will be available for public inspection and
copying. A public hearing will be scheduled if one is requested.
[[Page 4061]]
Drafting Information
The principal authors of these regulations are Bruce Perlin and
Linda S.F. Marshall of the Office of the Division Counsel/Associate
Chief Counsel (Tax Exempt and Government Entities). However, other
personnel from the IRS and Treasury participated in their development.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and recordkeeping requirements.
Proposed Amendments to the Regulations
Accordingly, 26 CFR part 1 is proposed to be amended as follows:
PART 1--INCOME TAX; TAXABLE YEARS BEGINNING AFTER DECEMBER 31, 1986
Paragraph 1. The authority citation for part 1 continues to read in
part as follows:
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 1.401(a)-20 is amended by:
1. Adding a sentence to the end of Q&A-16.
2. Adding a sentence to the end of Q&A-36.
The additions read as follows:
Sec. 1.401(a)-20 Requirements of qualified joint and survivor annuity
and qualified preretirement survivor annuuity.
* * * * *
A-16 * * * A plan does not fail to satisfy the requirements of this
Q&A-16 merely because the amount payable under an optional form of
benefit that is subject to the minimum present value requirement of
section 417(e)(3) is calculated using the applicable interest rate
(and, for periods when required, the applicable mortality table) under
section 417(e)(3).
* * * * *
A-36 * * * However, the rules of Sec. 1.401(a)-20, Q&A-36, as it
appeared in 26 CFR Part 1 revised April 1, 2003, apply to the
explanation of a QJSA under section 417(a)(3) for an annuity starting
date prior to February 1, 2006.
* * * * *
Par. 3. Section 1.417(a)(3)-1 is amended by:
1. Removing the language ``paragraph (c)(3)(iii) of'' from
paragraph (c)(2)(ii)(A).
2. Adding a sentence to the end of paragraph (d)(2)(ii).
3. Adding paragraph (d)(5).
4. Revising paragraph (f).
The additions and revision read as follows:
Sec. 1.417(a)(3)-1 Required explanation of qualified joint and
survivor annuity and qualified preretirement survivor annuity.
* * * * *
(d) * * *
(2) * * *
(ii) Actual benefit must be disclosed. * * * Reasonable estimates
of the type described in paragraph (c)(3)(i) may be used to determine
the normal form of benefit for purposes of this paragraph (d)(2)(ii) if
the requirements of paragraphs (c)(3)(ii) and (iii) of this section are
satisfied with respect to those estimates.
* * * * *
(5) Use of participant-specific information in generalized notice.
A QJSA explanation does not fail to satisfy the requirements of this
paragraph (d) merely because it contains an item of participant-
specific information in place of the corresponding generally applicable
information.
* * * * *
(f) Effective date--(1) General effective date for QJSA
explanations. Except as provided in paragraph (f)(2) of this section,
this section applies to a QJSA explanation with respect to any
distribution with an annuity starting date that is on or after February
1, 2006.
(2) Special effective date for certain QJSA explanations--(i)
Application to QJSA explanations with respect to certain optional forms
that are less valuable than the QJSA. This section also applies to a
QJSA explanation with respect to any distribution with an annuity
starting date that is on or after October 1, 2004, and before February
1, 2006, if the actuarial present value of any optional form of benefit
that is subject to the requirements of section 417(e)(3) (e.g., single
sums, distributions in the form of partial single sums in combination
with annuities, social security level income options, and installment
payment options) is less than the actuarial present value (as
determined under Sec. 1.417(e)-1(d)) of the QJSA. For purposes of this
paragraph (f)(2)(i), the actuarial present value of an optional form is
treated as not less than the actuarial present value of the QJSA if--
(A) Using the applicable interest rate and applicable mortality
table under Sec. 1.417(e)-1(d)(2) and (3), the actuarial present value
of that optional form is not less than the actuarial present value of
the QJSA for an unmarried participant; and
(B) Using reasonable actuarial assumptions, the actuarial present
value of the QJSA for an unmarried participant is not less than the
actuarial present value of the QJSA for a married participant.
(ii) Requirement to disclose differences in value for certain
optional forms. A QJSA explanation with respect to any distribution
with an annuity starting date that is on or after October 1, 2004, and
before February 1, 2006, is only required to be provided under this
section with respect to--
(A) An optional form of benefit that is subject to the requirements
of section 417(e)(3) and that has an actuarial present value that is
less than the actuarial present value of the QJSA (as described in
paragraph (f)(2)(i) of this section); and
(B) The QJSA (determined without application of paragraph
(c)(2)(ii) of this section).
(3) Annuity starting date. For purposes of paragraphs (f)(1) and
(2) of this section, in the case of a retroactive annuity starting date
under section 417(a)(7), as described in Sec. 1.417(e)-1(b)(3)(vi),
the date of commencement of the actual payments based on the
retroactive annuity starting date is substituted for the annuity
starting date.
(4) Effective date for QPSA explanations. This section applies to
any QPSA explanation provided on or after July 1, 2004.
Mark E. Matthews,
Deputy Commissioner for Services and Enforcement.
[FR Doc. 05-1553 Filed 1-27-05; 8:45 am]
BILLING CODE 4830-01-P