95-30416. Notice of Significant Reduction in the Rate of Future Benefit Accrual  

  • [Federal Register Volume 60, Number 241 (Friday, December 15, 1995)]
    [Rules and Regulations]
    [Pages 64320-64324]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-30416]
    
    
    
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    DEPARTMENT OF THE TREASURY
    
    Internal Revenue Service
    
    26 CFR Parts 1 and 602
    
    [TD 8631]
    RIN 1545-AT79
    
    
    Notice of Significant Reduction in the Rate of Future Benefit 
    Accrual
    
    AGENCY: Internal Revenue Service (IRS), Treasury.
    
    ACTION: Temporary regulations.
    
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    SUMMARY: This document contains temporary regulations that provide 
    guidance concerning the requirements of section 204(h) of the Employee 
    Retirement Income Security Act of 1974, as amended (ERISA), relating to 
    defined benefit plans and to individual account plans that are subject 
    to the funding standards of section 302 of ERISA. It requires the plan 
    administrator to give notice of certain plan amendments to participants 
    in the plan and certain other parties. The text of these temporary 
    regulations also serves as the text of the proposed regulations set 
    forth in the notice of proposed rulemaking on this subject published in 
    the Proposed Rules section of this issue of the Federal Register.
    
    EFFECTIVE DATE: December 15, 1995.
    
    FOR FURTHER INFORMATION CONTACT: Betty J. Clary, (202) 622-6070 (not a 
    toll-free number).
    
    SUPPLEMENTARY INFORMATION:
    
    Paperwork Reduction Act
    
        These regulations are being issued without prior notice and public 
    procedure pursuant to the Administrative Procedure Act (5 U.S.C. 553). 
    For this reason, the collection of information contained in these 
    regulations has been reviewed and, pending receipt and evaluation of 
    public comments, approved by the Office of Management and Budget under 
    control number 1545-1477. Responses to this collection of information 
    are required under section 204(h) of ERISA upon the adoption of certain 
    amendments to pension plans.
        An agency may not conduct or sponsor, and a person is not required 
    to respond to, a collection of information unless the collection of 
    information displays a valid control number.
        For further information concerning this collection of information, 
    and where to submit comments on the collection of information and the 
    accuracy of the estimated burden and suggestions for reducing this 
    burden, please refer to the preamble to the cross-referencing notice of 
    proposed rulemaking published in the Proposed Rules section of this 
    issue of the Federal Register.
        The regulations do not involve any issue of confidentiality.
    
    Background
    
        This document contains temporary regulations that provide guidance 
    on section 204(h) of the Employee Retirement Income Security Act of 
    1974, as amended (ERISA), 29 U.S.C. 1054(h). Section 204(h) of ERISA 
    was added by section 11006(a) of the Single-Employer Pension Plan 
    Amendments Act of 1986 (Title XI of Public Law 99-272), and was amended 
    by section 1879(u)(1) of the Tax Reform Act of 1986, Public Law 99-514. 
    Pursuant to section 101(a) of the Reorganization Plan No. 4 of 1978, 29 
    U.S.C. 1001nt, the Secretary of the Treasury has authority to issue 
    regulations under parts 2 and 3 of subtitle B of title I of ERISA 
    (including section 204 of ERISA). Under section 104 of Reorganization 
    Plan No. 4, the Secretary of Labor retains enforcement authority with 
    respect to parts 2 and 3 of subtitle B of title I of ERISA, but, in 
    exercising such authority, is bound by the regulations issued by the 
    Secretary of the Treasury.
        Prior guidance relating to the requirements of section 204(h) has 
    been provided in Rev. Proc. 89-65 (1989-2 C.B. 786) and Rev. Proc. 94-
    13 (1994-1 C.B. 566), and under Notice 87-21 (1987-1 C.B. 458), Notice 
    88-131 (1988-2 C.B. 546), Notice 89-92 (1989-2 C.B. 410), and Notice 
    90-73 (1990-2 C.B. 353). These temporary regulations provide further 
    guidance, in the form of Questions and Answers.
        The provisions in this Treasury Decision are needed immediately to 
    provide guidance to the public with respect to the notice requirements 
    of section 204(h) of ERISA. Issues related to section 204(h) arise in 
    connection with a broad range of plan amendments, including amendments 
    prompted by recent changes in the law. Therefore, it is found 
    impracticable and contrary to the public interest to issue this 
    Treasury decision with prior notice under 5 U.S.C. 553(b).
    
    Explanation of Provisions
    
        Section 204(h) of ERISA applies if a defined benefit plan or an 
    individual account plan that is subject to the funding standards of 
    section 302 of ERISA is amended to provide for a significant reduction 
    in the rate of future benefit accrual. It requires the plan 
    administrator to give written notice of the amendment to participants 
    in the plan, alternate payees, and employee organizations representing 
    participants in the plan (or to a person designated, in writing, to 
    receive the notice on behalf of a participant, alternate payee, or 
    employee organization). The notice must set forth the plan amendment 
    and its effective date and must be provided after adoption of the 
    amendment and not less than 15 days before the effective date of the 
    amendment.
        A plan amendment that is subject to the notice requirements of 
    section 204(h) of ERISA may also be subject to additional reporting and 
    disclosure requirements under title I of ERISA, 
    
    [[Page 64321]]
    such as the requirement to provide a summary of material modifications. 
    See sections 102(a) and 104(a) of ERISA, 29 U.S.C. 1022 and 1024, and 
    the regulations thereunder for guidance on when a summary of material 
    modifications must be provided. Section 204(h) notice must be provided 
    at least 15 days in advance of the effective date of an amendment 
    significantly reducing the future rate of benefit accrual, even though 
    a summary of material modifications describing the amendment is 
    provided at a later date.
        Section 204(h) of ERISA does not apply to an amendment that does 
    not affect the rate of future benefit accrual. These regulations 
    clarify that an amendment to a defined benefit plan that does not 
    affect the annual benefit commencing at normal retirement age does not 
    affect the rate of future benefit accrual for purposes of section 
    204(h). Accordingly, the regulations provide that the plan 
    administrator of a defined benefit plan is not required to provide 
    section 204(h) notice with respect to an amendment that does not affect 
    the future annual benefit payable at normal retirement age, even if the 
    amendment affects other forms of payment (such as a single sum 
    distribution) or benefits commencing at a date other than normal 
    retirement age (such as an early retirement benefit).
        The regulations also clarify that an amendment to an individual 
    account plan that does not change the amount of future allocations to 
    participants' accounts does not affect the rate of future benefit 
    accrual for purposes of section 204(h) of ERISA. Accordingly, section 
    204(h) notice is not required with respect to any such amendment.
        Even if an amendment affects the rate of future benefit accrual, 
    section 204(h) notice is required only if the amendment significantly 
    reduces the rate of future benefit accrual. Under the regulations, 
    whether an amendment significantly reduces the rate of future benefit 
    accrual is to be determined based on reasonable expectations taking 
    into account all relevant facts and circumstances.
        The regulations delegate to the Commissioner of Internal Revenue 
    the authority to provide that section 204(h) notice need not be 
    provided with respect to plan amendments that the Commissioner 
    determines are necessary or appropriate, as a result of a change in 
    federal law, to maintain compliance with the law. The Commissioner may 
    exercise this authority only through the publication of revenue 
    rulings, notices, and other guidance in the Internal Revenue Bulletin.
        In situations in which section 204(h) notice is required with 
    respect to an amendment, the regulations provide guidance on the 
    participants, alternate payees, and employee organizations to whom the 
    notice must be provided. Specifically, the regulations provide that the 
    plan administrator is not required to provide notice to a participant 
    or alternate payee whose rate of future benefit accrual is reasonably 
    expected not to be reduced by the amendment. For example, notice need 
    not be provided to participants (such as former employees with a vested 
    benefit under the plan) who, prior to the amendment, were not entitled 
    to accrue future benefits under the plan. Moreover, under the 
    regulations, section 204(h) notice is not required to be provided to an 
    employee organization unless it represents one or more participants to 
    whom section 204(h) notice is required to be provided. Finally, the 
    regulations clarify that employees who have not yet become participants 
    in the plan are not taken into account for any purpose under section 
    204(h) of ERISA.\1\ Thus, the plan administrator is not required to 
    provide section 204(h) notice to such employees.
    
        \1\ This is not intended to affect the rights of employees under 
    other provisions of ERISA.
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        The regulations provide that a plan that is terminated in 
    accordance with title IV of ERISA is deemed to satisfy section 204(h) 
    not later than the date of termination established under section 4048 
    of ERISA. Accordingly, section 204(h) does not require that any further 
    benefits accrue under the plan after that date. However, if that date 
    of termination is deferred, benefits continue to accrue until the 
    deferred date of termination absent an effective cessation of accruals 
    as of an earlier specified date.
        If the plan is not amended to significantly reduce the rate of 
    future benefit accrual prior to the termination, section 204(h) notice 
    is not required. However, the regulations also affirm that section 
    204(h) applies to an amendment that is effective prior to the 
    termination date and clarify that, if section 204(h) notice is 
    required, it can be provided either with or as part of the notice of 
    intent to terminate or separately.
        The regulations also provide two rules applicable in situations in 
    which a plan administrator was required to provide section 204(h) 
    notice with respect to an amendment but failed to provide timely notice 
    to some of the parties to whom notice was required to be provided. The 
    first rule applies when the plan administrator fails to provide timely 
    notice with respect to more than a de minimis percentage of the parties 
    to whom section 204(h) notice was required. In such a situation, the 
    amendment becomes effective in accordance with its terms with respect 
    to a participant to whom notice was required if the participant was 
    provided with timely notice and any employee organization representing 
    the participant was also provided with timely notice. The amendment 
    also becomes effective in accordance with its terms with respect to an 
    alternate payee to whom notice was required if the alternate payee was 
    provided with timely notice.
        The second rule applies in a situation in which the plan 
    administrator made a good faith effort to comply with section 204(h) of 
    ERISA with respect to an amendment, failed to provide timely section 
    204(h) notice to no more than a de minimis percentage of the parties to 
    whom notice was required, and provided timely notice to all employee 
    organizations with respect to whom section 204(h) notice was required. 
    In such a situation, if the plan administrator, promptly upon discovery 
    of the omission, provides section 204(h) notice to all parties who were 
    required to be provided such notice but were omitted, the plan 
    amendment becomes effective in accordance with its terms with respect 
    to all parties to whom section 204(h) notice was required, including 
    those who did not receive notice prior to discovery of the omission.
    
    Effective Dates
    
        These temporary regulations are effective for amendments adopted on 
    or after December 15, 1995, and amendments effective by their terms on 
    or after January 2, 1996.
    
    Special Analyses
    
        It has been determined that this Treasury decision is not a 
    significant regulatory action as defined in EO 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) 
    and the Regulatory Flexibility Act (5 U.S.C. chapter 6) do not apply to 
    these regulations, and, therefore, a Regulatory Flexibility Analysis is 
    not required. Pursuant to section 7805(f) of the Internal Revenue Code, 
    these temporary regulations will be submitted to the Chief Counsel for 
    Advocacy of the Small Business Administration for comment on their 
    impact on small business.
    
    [[Page 64322]]
    
        Drafting Information: The principal author of these regulations 
    is Betty J. Clary, Office of the Associate Chief Counsel (Employee 
    Benefits and Exempt Organizations), IRS. However, other personnel 
    from the IRS and Treasury Department participated in their 
    development.
    
    List of Subjects
    
    26 CFR Part 1
    
        Income taxes, Reporting and recordkeeping requirements.
    
    26 CFR Part 602
    
        Reporting and recordkeeping requirements.
    
    Adoption of Amendments to the Regulations
    
        Accordingly, 26 CFR parts 1 and 602 are amended as follows:
    
    PART 1--INCOME TAXES
    
        Paragraph 1. The authority citation for part 1 is amended by adding 
    an entry for Section 1.411(d)-6T to read as follows:
    
        Authority: 26 U.S.C. 7805. * * *
    
        Section 1.411(d)-6T also issued under Reorganization Plan No. 4 of 
    1978, 29 U.S.C. 1001nt. * * *
        Par. 2. Sec. 1.411(d)-6T is added to read as follows:
    
    
    Sec. 1.411(d)-6T  Section 204(h) notice.
    
        Q-1: What are the requirements of section 204(h) of the Employee 
    Retirement Income Security Act of 1974, as amended (ERISA)?
        A-1: (a) Requirements of section 204(h). Section 204(h) of ERISA 
    generally requires written notice of an amendment to certain plans that 
    provides for a significant reduction in the rate of future benefit 
    accrual. Section 204(h) generally requires the notice to be provided to 
    plan participants, alternate payees, and employee organizations. The 
    plan administrator must provide the notice after adoption of the plan 
    amendment and not less than 15 days before the effective date of the 
    plan amendment.
        (b) Other notice requirements. Other provisions of law may require 
    that certain parties be notified of a plan amendment. See, for example, 
    sections 102 and 104 of ERISA, and the regulations thereunder, for the 
    requirements relating to summary plan descriptions and summaries of 
    material modifications.
        Q-2: To which plans does section 204(h) of ERISA apply?
        A-2: Section 204(h) of ERISA applies to defined benefit plans 
    subject to part 2 of subtitle B of title I of ERISA and to individual 
    account plans subject to such part 2 and to the funding standards of 
    section 302 of ERISA. Accordingly, individual account plans that are 
    not subject to the funding standards of section 302, such as profit-
    sharing and stock bonus plans, are not subject to section 204(h).
        Q-3: What is section 204(h) notice?
        A-3: Action 204(h) notice is notice that complies with section 
    204(h) of ERISA and the rules in this section.
        Q-4: For which amendments is section 204(h) notice required?
        A-4: (a) In general. Section 204(h) notice is required for an 
    amendment to a plan described in Q&A-2 of this section that provides 
    for a significant reduction in the rate of future benefit accrual.
        (b) Delegation of authority to Commissioner. The Commissioner of 
    Internal Revenue may provide through publication in the Internal 
    Revenue Bulletin of revenue rulings, notices, or other documents (see 
    Sec. 601.601(d)(2) of this chapter) that section 204(h) notice need not 
    be provided for plan amendments otherwise described in paragraph (a) of 
    this Q&A-4 that the Commissioner determines to be necessary or 
    appropriate, as a result of changes in the law, to maintain compliance 
    with the requirements of the Internal Revenue Code of 1986, as amended 
    (Code) (including requirements for tax qualification), ERISA, or other 
    applicable federal law.
        Q-5: What is an amendment that affects the rate of future benefit 
    accrual for purposes of section 204(h) of ERISA?
        A-5: (a) In general--(1) Defined benefit plans. For purposes of 
    section 204(h) of ERISA, an amendment to a defined benefit plan affects 
    the rate of future benefit accrual only if it is reasonably expected to 
    change the amount of the future annual benefit commencing at normal 
    retirement age.
        (2) Individual account plans. For purposes of section 204(h), an 
    amendment to an individual account plan affects the rate of future 
    benefit accrual only if it is reasonably expected to change the amounts 
    allocated in the future to participants' accounts. Changes in the 
    investments or investment options under an individual account plan are 
    not taken into account for this purpose.
        (b) Determination of rate of future benefit accrual. In accordance 
    with paragraph (a) of this Q&A-5, the rate of future benefit accrual is 
    determined without regard to optional forms of benefit (other than the 
    annual benefit described in paragraph (a) of this Q&A-5), early 
    retirement benefits, or retirement-type subsidies, within the meaning 
    of such terms as used in section 411(d)(6) of the Code (section 204(g) 
    of ERISA). The rate of future benefit accrual is also determined 
    without regard to ancillary benefits and other rights or features as 
    defined in Sec. 1.401(a)(4)-4(e).
        (c) Examples. These examples illustrate the rules in this Q&A-5:
    
        Example 1. A plan is amended with respect to future benefit 
    accruals to eliminate a right to commencement of a benefit prior to 
    normal retirement age. Because the amendment does not affect the 
    annual benefit commencing at normal retirement age, it does not 
    reduce the rate of future benefit accrual for purposes of section 
    204(h).
        Example 2. A plan is amended to modify the assumptions used in 
    converting an annuity form of distribution to a single sum form of 
    distribution. The use of these modified assumptions results in a 
    lower single sum. Because the amendment does not affect the annual 
    benefit commencing at normal retirement age, it does not reduce the 
    rate of future benefit accrual for purposes of section 204(h).
    
        Q-6: What plan provisions are taken into account in determining 
    whether there has been a reduction in the rate of future benefit 
    accrual?
    
        A-6: (a) Plan provisions taken into account. All plan provisions 
    that may affect the rate of future benefit accrual of participants or 
    alternate payees must be taken into account in determining whether an 
    amendment provides for a significant reduction in the rate of future 
    benefit accrual. Such provisions include, for example, the dollar 
    amount or percentage of compensation on which benefit accruals are 
    based; in the case of a plan using the permitted disparity under 
    section 401(l) of the Code, the amount of disparity between the excess 
    benefit percentage or excess contribution percentage and the base 
    benefit percentage or base contribution percentage (all as defined in 
    section 401(l)); the definition of service or compensation taken into 
    account in determining an employee's benefit accrual; the method of 
    determining average compensation for calculating benefit accruals; the 
    definition of normal retirement age in a defined benefit plan; the 
    exclusion of current participants from future participation; benefit 
    offset provisions; minimum benefit provisions; the formula for 
    determining the amount of contributions and forfeitures allocated to 
    participants' accounts in an individual account plan; and the actuarial 
    assumptions used to determine contributions under a target benefit plan 
    (as defined in Sec. 1.401(a)(4)-8(b)(3)(i)).
    
        (b) Plan provisions not taken into account. Plan provisions that do 
    not
    
    [[Page 64323]]
    
    affect the rate of future benefit accrual of participants or alternate 
    payees are not taken into account in determining whether there has been 
    a reduction in the rate of future benefit accrual. For example, 
    provisions such as vesting schedules or optional forms of benefit 
    (other than the annual benefit described in Q&A-5(a) of this section) 
    are not taken into account.
        (c) Examples. The following example illustrates the rules in this 
    Q&A-6:
    
        Example. A defined benefit plan provides a normal retirement 
    benefit equal to 50% of final average compensation times a fraction 
    (not in excess of one), the numerator of which equals the number of 
    years of participation in the plan and the denominator of which 
    equals 20. A plan amendment that changes the numerator or 
    denominator of that fraction must be taken into account in 
    determining whether there has been a reduction in the rate of future 
    benefit accrual.
    
        Q-7: What is the basic principle used in determining whether an 
    amendment provides for a significant reduction in the rate of future 
    benefit accrual for purposes of section 204(h) of ERISA?
        A-7: Whether an amendment provides for a significant reduction in 
    the rate of future benefit accrual for purposes of section 204(h) of 
    ERISA is determined based on reasonable expectations taking into 
    account the relevant facts and circumstances at the time the amendment 
    is adopted.
        Q-8: Are employees who have not yet become participants in a plan 
    at the time an amendment to the plan is adopted taken into account for 
    any purpose in applying section 204(h) of ERISA with respect to the 
    amendment?
        A-8: No. Employees who have not yet become participants in a plan 
    at the time an amendment to the plan is adopted are not taken into 
    account for any purpose in applying section 204(h) of ERISA with 
    respect to the amendment. Thus, if section 204(h) notice is required 
    with respect to an amendment, the plan administrator need not provide 
    section 204(h) notice to such employees.
        Q-9: If section 204(h) notice is required with respect to an 
    amendment, must such notice be provided to participants or alternate 
    payees whose rate of future benefit accrual is not reduced by the 
    amendment?
        A-9: (a) In general. A plan administrator need not provide section 
    204(h) notice to any participant whose rate of future benefit accrual 
    is reasonably expected not to be reduced by the amendment, nor to any 
    alternate payee under an applicable qualified domestic relations order 
    whose rate of future benefit accrual is reasonably expected not to be 
    reduced by the amendment. A plan administrator need not provide section 
    204(h) notice to an employee organization unless the employee 
    organization represents a participant to whom section 204(h) notice is 
    required to be provided.
        (b) Facts and circumstances test. Whether a participant or 
    alternate payee is described in paragraph (a) of this Q&A-9 is 
    determined based on all relevant facts and circumstances at the time 
    the amendment is adopted.
        (c) Examples. The following examples illustrate the rules in this 
    Q&A-9:
    
        Example 1. Plan A is amended to reduce significantly the rate of 
    future benefit accrual of all current employees who are participants 
    in the plan. It is reasonable to expect based on the facts and 
    circumstances that the amendment will not reduce the rate of future 
    benefit accrual of former employees who are currently receiving 
    benefits or that of former employees who are entitled to vested 
    benefits. Accordingly, the plan administrator is not required to 
    provide section 204(h) notice to such former employees.
        Example 2. Assume in Example 1 that Plan A also covers two 
    groups of alternate payees. The alternate payees in the first group 
    are entitled to a certain percentage or portion of the former 
    spouse's accrued benefit, and for this purpose the accrued benefit 
    is determined at the time the former spouse begins receiving 
    retirement benefits under the plan. The alternate payees in the 
    second group are entitled to a certain percentage or portion of the 
    former spouse's accrued benefit, and for this purpose the accrued 
    benefit was determined at the time the qualified domestic relations 
    order was issued by the court. It is reasonable to expect that the 
    benefits to be received by the second group of alternate payees will 
    not be affected by any reduction in a former spouse's rate of future 
    benefit accrual. Accordingly, the plan administrator is not required 
    to provide section 204(h) notice to the alternate payees in the 
    second group.
        Example 3. Plan B covers hourly employees and salaried 
    employees. Plan B provides the same rate of benefit accrual for both 
    groups. The employer amends Plan B to reduce significantly the rate 
    of future benefit accrual of the salaried employees only. At that 
    time, it is reasonable to expect that only a small percentage of 
    hourly employees will become salaried in the future. Accordingly, 
    the plan administrator is not required to provide section 204(h) 
    notice to the participants who are currently hourly employees.
        Example 4. Plan C covers employees in Division M and employees 
    in Division N. Plan C provides the same rate of benefit accrual for 
    both groups. The employer amends Plan C to reduce significantly the 
    rate of future benefit accrual of employees in Division M. At that 
    time, it is reasonable to expect that in the future only a small 
    percentage of employees in Division N will be transferred to 
    Division M. Accordingly, the plan administrator is not required to 
    provide section 204(h) notice to the participants who are employees 
    in Division N.
        Example 5. Assume the same facts as in Example 4, except that at 
    the time the amendment is adopted, it is expected that soon 
    thereafter Division N will be merged into Division M in connection 
    with a corporate reorganization (and the employees in Division N 
    will become subject to the plan's amended benefit formula applicable 
    to the employees in Division M). In this instance, the plan 
    administrator must provide section 204(h) notice to the participants 
    who are employees in Division M and to the participants who are 
    employees in Division N.
    
        Q-10: Does a notice fail to comply with section 204(h) of ERISA if 
    it contains a summary of the amendment and the effective date, without 
    the text of the amendment itself?
        A-10: No, the notice does not fail to comply with section 204(h) of 
    ERISA merely because the notice contains a summary of the amendment, 
    rather than the text of the amendment, if the summary is written in a 
    manner calculated to be understood by the average plan participant and 
    contains the effective date. The summary need not explain how the 
    individual benefit of each participant or alternate payee will be 
    affected by the amendment.
        Q-11: How may section 204(h) notice be provided?
        A-11: A plan administrator may use any method reasonably calculated 
    to ensure actual receipt of the section 204(h) notice. First class mail 
    to the last known address of the party is an acceptable delivery 
    method. Likewise, hand delivery is acceptable. Section 204(h) notice 
    may be enclosed along with other notice provided by the employer or 
    plan administrator.
        Q-12: If a plan administrator fails to provide section 204(h) 
    notice to more than a de minimis percentage of participants and 
    alternate payees to whom section 204(h) notice is required to be 
    provided, will the plan administrator be considered to have complied 
    with section 204(h) of ERISA with respect to participants and alternate 
    payees who were provided with timely section 204(h) notice?
        A-12: The plan administrator will be considered to have complied 
    with section 204(h) of ERISA with respect to a participant to whom 
    section 204(h) notice is required to be provided if the participant and 
    any employee organization representing the participant were provided 
    with timely section 204(h) notice. The plan administrator will be 
    considered to have complied with section 204(h) with respect to an 
    alternate payee to whom section 204(h) notice is required to be 
    provided if the alternate payee was 
    
    [[Page 64324]]
    provided with timely section 204(h) notice. Accordingly, the amendment 
    will become effective in accordance with its terms with respect to 
    those participants and alternate payees.
        Q-13: Will a plan be considered to have complied with section 
    204(h) of ERISA if the plan administrator provides section 204(h) 
    notice to all but a de minimis percentage of participants and alternate 
    payees to whom section 204(h) notice must be provided?
        A-13: The plan will be considered to have complied with section 
    204(h) of ERISA and the amendment will become effective in accordance 
    with its terms with respect to all parties to whom section 204(h) 
    notice was required to be provided (including those who did not receive 
    notice prior to discovery of the omission), if the plan administrator--
        (a) Has made a good faith effort to comply with the requirements of 
    section 204(h);
        (b) Has provided section 204(h) notice to each employee 
    organization that represents any participant to whom section 204(h) 
    notice is required to be provided;
        (c) Has failed to provide section 204(h) notice to no more than a 
    de minimis percentage of participants and alternate payees to whom 
    section 204(h) notice is required to be provided; and
        (d) Provides section 204(h) notice to those participants and 
    alternate payees promptly upon discovering the oversight.
        Q-14: How does section 204(h) of ERISA apply to a plan that is 
    terminated in accordance with title IV of ERISA?
        A-14: (a) On and after termination date. Notwithstanding paragraph 
    (b) of this Q&A-14 or any other provisions of this section, a plan that 
    is terminated in accordance with title IV of ERISA is deemed to have 
    satisfied section 204(h) of ERISA not later than the termination date 
    (or date of termination, as applicable) established under section 4048 
    of ERISA. Accordingly, section 204(h) would not require that any 
    additional benefits accrue after such date.
        (b) Amendment effective before termination date. An amendment that 
    is effective before the termination date (or date of termination, as 
    applicable) established under section 4048 of ERISA is subject to 
    section 204(h). Accordingly, if such amendment provides for a 
    significant reduction in the rate of future benefit accrual, the plan 
    administrator must provide section 204(h) notice (either separately or 
    with or as part of the notice of intent to terminate) with respect to 
    the amendment. However, if a plan is not amended to reduce 
    significantly the rate of future benefit accrual before the termination 
    date (for example, the plan continues existing benefit accruals until 
    the termination date), section 204(h) notice is not required.
        Q-15: When does section 204(h) of ERISA become effective?
        A-15: (a) Statutory effective date. With respect to defined benefit 
    plans, section 204(h) of ERISA generally applies to plan amendments 
    adopted on or after January 1, 1986. With respect to individual account 
    plans, section 204(h) applies to plan amendments adopted on or after 
    October 22, 1986.
        (b) Regulatory effective date. This section applies to amendments 
    adopted on or after December 15, 1995, and amendments effective by 
    their terms on or after January 2, 1996.
    
    PART 602--OMB CONTROL NUMBERS UNDER THE PAPERWORK REDUCTION ACT
    
        Par. 6. The authority citation for part 602 continues to read as 
    follows:
    
        Authority: 26 U.S.C. 7805.
    
        Par. 7. In Sec. 602.101, paragraph (c) is amended by adding to the 
    table in numerical order the entry ``1.411(d)-6T * * * .1545-1477''.
    Margaret Milner Richardson,
    Commissioner of Internal Revenue.
    
        Approved: December 5, 1995.
    Leslie Samuels,
    Assistant Secretary of the Treasury.
    [FR Doc. 95-30416 Filed 12-12-95; 1:23 pm]
    BILLING CODE 4830-01-U
    
    

Document Information

Effective Date:
12/15/1995
Published:
12/15/1995
Department:
Internal Revenue Service
Entry Type:
Rule
Action:
Temporary regulations.
Document Number:
95-30416
Dates:
December 15, 1995.
Pages:
64320-64324 (5 pages)
Docket Numbers:
TD 8631
RINs:
1545-AT79: ERISA Sec. 204(h) Notice
RIN Links:
https://www.federalregister.gov/regulations/1545-AT79/erisa-sec-204-h-notice
PDF File:
95-30416.pdf
CFR: (2)
26 CFR 601.601(d)(2)
26 CFR 1.411(d)-6T