Announcement 2006-78

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Internal Revenue Bulletin:

2006-42 October 16, 2006

Announcement 2006-78

Section 411(d)(6) Protected Benefits; Correction



Internal Revenue Service (IRS), Treasury.


Correcting amendment.


This document contains corrections to final regulations that were published in the Federal Register on August 9, 2006 (T.D. 9280, 2006-38 I.R.B. 450 [71 FR 45379]) that provide certain issues under section 411(d)(6) of the Internal Revenue Code (Code), including the interaction between the anti-cutback rules of section 411(d)(6) and the nonforfeitability requirements of section 411(a).


This correction is effective August 9, 2006.


Pamela R. Kinard, at (202) 622-6060 (not a toll-free number).



The final regulations that are the subject of this correction are under section 411(d)(6) of the Internal Revenue Code.

Need for Correction

As published, the final regulations (T.D. 9280), contain errors that may prove to be misleading and are in need of clarification.

* * * * *

Correction of Publication

Accordingly, 26 CFR Part 1 is corrected by making the following correcting amendment:


Paragraph 1. The authority citation for part 1 continues to read in part as follows:

Authority: 26 U.S.C 7805 * * *

§1.411(D)-3 [Corrected]

Par. 3. Section 1.411(d)-3 is amended by revising paragraph (3) to read as follows:

§ 1.411(d)-3 Section 411 (d)(6) protected benefits.

(a) * * *

(3) * * * However, such an amendment does not violate section 411(d)(6) to the extent it applies with respect to benefits that accrued after the applicable amendment date.

(4) * * *

(ii) * * *

(B) * * *

(ii) * * * A method of avoiding a section 411(d)(6) violation with respect to account balances attributable to benefits accrued as of the applicable amendment date and earnings thereon would be for Plan D to provide for the vested percentage of G and each other participant in Plan E to be no less than the greater of the vesting percentages under the two vesting schedules (for example, for G and each other participant in Plan E to be 20% vested upon completion of 3 years of service, 40% vested upon completion of 4 years of service, and fully vested upon completion of 5 years of service) for those account balances and earnings.

* * * * *

Guy R. Traynor,
Chief, Publications and Regulations Branch,
Legal Processing Division,
Associate Chief Counsel
(Procedure and Admininstration).


(Filed by the Office of the Federal Register on September 20, 2006, 8:45 a.m., and published in the issue of the Federal Register for September 21, 2006, 71 F.R. 55108)

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