a-03-1.pdf

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Part IV – Items of General Interest

Cash Balance Conversion Plans Awaiting Technical Advice

Announcement 2003-1

On December 11, 2002, a notice of proposed rulemaking and notice of
public hearing (REG-209500-86) relating to age discrimination requirements
applicable to certain retirement plans under §§ 411(b)(1)(H) and 411(b)(2) of the
Internal Revenue Code of 1986 are being published in the Federal Register. The
proposed regulation provides rules regarding the age discrimination requirements
applicable to certain retirement plans under which accruals and allocations
cannot be ceased or reduced because of the attainment of any age. When
finalized, these regulations would affect retirement plan sponsors and
administrators, and participants in and beneficiaries of retirement plans.

Beginning September 15, 1999, cases in which an application for a
determination letter or a plan under examination involved an amendment to
change a traditional defined benefit plan to become a cash balance plan (cash
balance conversions) were required to be submitted to the Washington, D.C.
office of the Internal Revenue Service for technical advice on the conversion’s
effect on the plan’s qualified status. Many such cases were submitted and are
still pending. These cases have not been processed because certain age
discrimination issues under § 411(b)(1)(H) have continued to be the subject of
discussions between Treasury and other agencies. While the regulations issued
today address the age discrimination issues of § 411(b)(1)(H), they are subject to
public comments and possible revision before finalization. The technical advice
cases on cash balance conversions will not be processed until the regulation
addressing the age discrimination issues is finalized. The finalization of the
regulation is a high priority for the Service.