Terminating and liquidating a non qualified plan dizionario giuridico simone online dating
A benefit may not be increased under paragraph (2)(B)(ii) or (3)(A), and an amount may not be allocated to a participant under paragraph (2)(C), if such increase or allocation would result in a failure to meet any requirement under section 401(a)(4) or 415.
100–647, § 1011A(f)(1), substituted “subtitle A” for “this subtitle”. such amount shall be allocated to the accounts of participants as of such date, except that any amount which may not be allocated by reason of any limitation under section 415 shall be allocated to the accounts of other participants, and if any portion of such amount may not be allocated to other participants under subclause (I) by reason of such limitation, such portion shall be treated as an employer reversion to which this section applies. The requirements of this paragraph are met if a plan amendment to the terminated plan is adopted in connection with the termination of the plan which provides pro rata increases in the accrued benefits of all qualified participants which—For purposes of subparagraph (A), a pro rata increase is an increase in the present value of the accrued benefit of each qualified participant in an amount which bears the same ratio to the aggregate amount determined under subparagraph (A)(i) as—Notwithstanding the preceding sentence, the aggregate increases in the present value of the accrued benefits of qualified participants who are not active participants shall not exceed 40 percent of the aggregate amount determined under subparagraph (A)(i) by substituting “equal to” for “not less than”. With today’s proposed regulations [PDF 271 KB], Treasury and the IRS announced the partial withdrawal of earlier proposed regulations (referred to as the “income inclusion proposed regulations”) regarding the calculation of amounts includible in income under section 409A(a)(1) and the replacement of that provision with today’s proposed regulations.Taxpayers may rely on today’s proposed regulations immediately.