Guest Rosalind Posted May 31, 2002 Posted May 31, 2002 We filed a DB plan termination that involves a reversion to the employer with the IRS for a determination letter. The IRS is now saying that any portion of the reversion that is due to using GATT rates (rather than the PBGC rates which were in the pre-GATT plan) is not due to "erroneous actuarial computation" and therefore cannot rbe part of the reversion. Apparently the only authority for this is an internal IRS memo from 1995. (The employer is a tax-exempt organization, so the excise tax is irrelevant.) Has anyone else came accross this? Help!
Mike Preston Posted May 31, 2002 Posted May 31, 2002 It is a violation of 401(a)(2) to adopt an amendment which increases (or creates) a reversion. The IRS is right.
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