Form 6044 - Employee Plan Deficiency Checksheet - 2006 Page 4
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4642,643
Section
of the plan should provide that, in the case of an individual who was a participant as
of the beginning of the first limitation year beginning after December 31,1986 in a defined benefit plan
V.b.
which was in existence on May 6,1986, and whose current accrued benefit, as of the close of the 1986 limitation
year, exceeds the dollar limitation of section 415(b) of the Code as amended by TRA '86, then, with respect to
such participant, the applicable dollar limitation is the participant's current accrued benefit for purposes of applying
the limitations of sections 415(b) and 415(e). The plan, however, must have satisfied the pre-TRA '86 requirements
of section 415 for all pre-TRA '86 limitation years. Section 1106(i)(3) of Pub. L. 99-154 (TRA '86) and Notice 87-21,
1987-1 C.B. 458, Q&A 12.
644
Section
of the pre-TRA '86 defined contribution plan should be amended to provide that
where this plan and a pre-TRA '86 defined benefit plan are aggregated, a permanent adjustment will be
made to the numerator of the defined contribution fraction to insure that the sum of the defined contribution fraction
V.c.
and defined benefit fraction does not exceed 1.0 as of the effective date of TRA '86. Section 1106(i)(4) of Pub. L.
99-514 (TRA '86) and Notice 87-21, 1987-1 C.B. 458, Q&A 14.
646
Section
of the plan should be amended to provide that the accrued benefit of any participant
which exceeds the benefit limitations under section 415 of the Code as amended by TRA '86 (including
V.d.
the protected current accrued benefit, as described in O&A 12 of Notice 87-21) is reduced, as of the first day of the
first limitation year beginning after December 31,1986, to the level permitted under TRA '86. Section 1106(i)(3) of
Pub. L. 99-514 and Notice 87-21, 1987-1 C.B. 458, Q&A 13.
647
To use the special transition rule under section 1449(a) of the Small Business Job Protection Act
of 1996 (SBJPA '96), the plan must have been adopted and in effect before December 8, 1994. Section
VI.b.
1449(a) of SBJPA '96 and Rev. Rul. 98-1.
648
The plan must specify that the benefits to which the section 415(b)(2)(E) changes are not applied
include each possible annuity starting date and optional form of benefit based on the participant's
accrued benefits as of a specified date that is in accordance with Q&A-13 of Rev. Rul. 98-1, and which is
VI.b.
determined after applying section 415 as in effect on December 7, 1994. Section
of the plan should
be amended accordingly.
649
One of the methods described in Q&A-14 of Rev. Rul. 98-1 must be specified in the plan.
Section
of the plan should be amended to describe in detail the method used.
VI.e., f., g.
Increases in frozen accrued benefits must be precluded. Section
of the plan should
650
be amended accordingly.
VI.h.
Catalog Number 43038M Page 4 of 4
Form 6044 (Rev. 3-2006)
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