This announcement sets forth the procedures for electing an alternative
funding schedule for contributions as described in section 402(a)(1) of the
Pension Protection Act of 2006 (PPA), Pub. L. No. 109-280.
Section 402(a)(1) of the PPA permits an eligible plan to elect an alternative
funding schedule to apply in lieu of the generally applicable minimum funding
requirements. An eligible plan is a defined benefit plan (other than a multiemployer
plan) that is sponsored by an employer that is a commercial passenger airline
or whose principal business is providing catering services to a commercial
passenger airline.
If an election for an alternative funding schedule under section 402(a)(1)
of the PPA is made by an employer that sponsors an eligible plan, the election
should specify that it will first be effective in a plan year beginning in
2006 or a plan year beginning in 2007. Any such election applies to the plan
year for which the election is made and subsequent plan years unless revoked
with the consent of the Service. An election that first applies the alternative
funding schedule for a plan year beginning in 2006 must be made not later
than December 31, 2006, and an election that first applies the alternative
funding schedule for a plan year beginning in 2007 must be made not later
than December 31, 2007. The plan sponsor is permitted to specify a new plan
year as part of the alternative funding schedule election, and the change
of plan year does not require the approval of the Service.
If an election is made under section 402(a)(1) of the PPA to have an
alternative funding schedule apply to an eligible plan for a plan year beginning
before January 1, 2008, and if certain other requirements of section 402 of
the PPA are satisfied, then, in the case of any applicable plan year (i.e.,
a plan year for which the alternative funding schedule election is made or
a subsequent plan year) beginning before January 1, 2008, the plan will not
have an accumulated funding deficiency for purposes of section 302 of the
Employee Retirement Income Security Act of 1974 (ERISA) and §§ 412
and 4971 of the Internal Revenue Code (Code) if the contributions for the
plan year are not less than the minimum required contribution determined under
section 402(e) of the PPA. Similar relief from the minimum funding requirements
applies to plan years beginning on or after January 1, 2008, if an alternative
funding schedule election is made. In general, under section 402(e) of the
PPA, a plan’s minimum required contribution is the amount necessary
to amortize the plan’s unfunded liability over 17 plan years beginning
with the first applicable plan year, determined using specified methods and
assumptions.
Section II of this announcement sets forth the information that must
be contained in the election and the address to which the election must be
sent.
II. Election of Alternative Funding Schedule
under Section 402(a)(1) of the Pension Protection Act of 2006
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