Guest Posted March 7, 2001 Posted March 7, 2001 I'd like to revisit something that was discussed briefly here about a year ago, the 5% "safety valve" rule in reg. sec. 1.401(a)(4)-3©(3). Specifically,Iwould like anyone's thoughts on the second part of the rule, which refers to a determination by the Commissioner that the plan does not discriminate. What is the nature of this determination? Must there be aformal determination letter requested? fso, how is the request made? On what form? Or is it an ad hoc determination made by an agent in the course of an audit?
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