Rev. Proc. 2008-67

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Rev. Proc. 2008-67 Powered By Docstoc
					26 CFR 601.201: Rulings and determination letters.   party described in section 4001(a)(21) of             The user fee required by Rev. Proc.
(Also: Part I, § 431.)                               ERISA.                                            2008–8, 2008–1 I.R.B. 233, or its succes-
                                                        Before amendment by PPA, § 412(e)              sors, must be sent with such requests.
Rev. Proc. 2008–67                                   of the Code and § 304(a) of ERISA pro-                .03 Necessary Procedural Docu-
                                                     vided that the period of years required to        ments.—A request will not be considered
                                                     amortize any unfunded liability of any plan       unless it complies with (1) and (2) below.
                                                     may, upon application by the plan spon-               (1) The request must contain a decla-
   This revenue procedure describes the              sor, be extended for a period up to 10            ration in the following form: “Under the
procedure by which the plan sponsor of a             years. Those provisions were replaced             penalties of perjury, I declare that I have
multiemployer pension plan may request               with new § 431(d) of the Code and new             examined this request, including accom-
and obtain approval of an extension of               section 304(d) of ERISA, effective for plan       panying documents, and to the best of my
an amortization period in accordance with            years starting after December 31, 2007.           knowledge and belief, the facts presented
§ 431(d) of the Internal Revenue Code of                Effective for plan years starting after        in support of the request are true, correct,
1986 (Code).                                         December 31, 2007, there is no provision          and complete.” This declaration must be
                                                     in the Code for single employer plans to          signed by an authorized trustee who is a
SECTION 2. BACKGROUND                                receive an extension of the amortization          current member of the Board. The signa-
INFORMATION                                          period for any unfunded liability.                ture of an individual with a power of attor-
                                                                                                       ney will not suffice for the declaration. See
    .01 Statute—Section 431(d) was added             SECTION 3. APPLICATIONS TO                        § 9.02(13) of Rev. Proc. 2008–4.
to the Code as part of a significant revi-           EXTEND AN AMORTIZATION                                (2) Because an application for an ex-
sion of the funding rules for qualified pen-         PERIOD — IN GENERAL                               tension constitutes a request for a ruling,
sion plans under § 401(a) made by the Pen-                                                             compliance with § 6110 is also required.
sion Protection Act of 2006 (PPA). Parallel              .01 Who may submit—A request for ap-          Section 601.201 of the Statement of Pro-
provisions to § 431(d) can be found at sec-          proval to extend the period of years re-          cedural Rules sets forth the requirements
tion 304(d) of the Employee Retirement               quired to amortize any unfunded liabil-           applicable to requests for rulings and de-
Income Security Act of 1974 (ERISA).                 ity must be submitted by the plan spon-           termination letters which are subject to
The Secretary of the Treasury has inter-             sor (i.e., the board of trustees of the plan,     § 6110. Section 601.201(e) furnishes spe-
pretive and enforcement jurisdiction over            and referred to in this revenue procedure         cific instructions to applicants.
both provisions.                                     as the applicant, or Board) or by an autho-           The applicant must provide with the
    Section 431(d)(1) provides that if the           rized representative of the applicant. The        request either a statement of proposed
plan sponsor of a multiemployer plan sub-            request must be signed by an authorized           deletions and the statutory basis for each
mits to the Secretary of the Treasury an             trustee who is a current member of the            proposed deletion, or a statement that no
application for an extension of the amor-            Board or by an authorized representative          information other than names, addresses,
tization period for any unfunded liability,          of the applicant who either must be identi-       and taxpayer identifying numbers need be
and includes the certification by the plan’s         fied in (a), (b), or (c) of subsection 9.02(11)   deleted.
actuary described in § 431(d)(1)(B), the             of Rev. Proc. 2008–4, 2008–1 I.R.B. 121,              .04 Notification.—The applicant must
Secretary shall extend the amortization              or must be an enrolled actuary within the         provide a copy of a written notification to
period for the period (not in excess of 5            meaning of § 7701(a)(35). Where an au-            each employee organization representing
years) requested in the ap
Description: Rev. Proc. 2008-67 sets forth the procedure by which the sponsor of a multiemployer pension plan may request and obtain approval of an extension of an amortization period in accordance with Section 431(d) and section 304(d) of ERISA.
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