New Jersey Administrative Code
Title 17 - TREASURY - GENERAL
Chapter 7 - ALTERNATE BENEFIT PROGRAM
Subchapter 11 - GENERAL PROVISIONS-ABP PROGRAM
Section 17:7-11.8 - Internal Revenue Service approval-ABP Retirement Plan only

If, under any application filed by or on behalf of the ABP Retirement Plan, the Internal Revenue Service determines that the ABP Retirement Plan as amended and restated does not qualify under IRC § 401(a), and the determination is not contested, or if contested, is finally upheld (or otherwise finally determined), the Plan Administrator, without further authorization or consent from the Plan Sponsor, may retroactively amend the ABP Retirement Plan to the earliest date permitted by Treasury regulations to the fullest extent that the Plan Administrator considers necessary to obtain an Internal Revenue Service determination that the ABP Retirement Plan qualifies under IRC § 401(a).