Section 4. Treatment of Retroactive Plan

Amendments Adopted Pursuant to Rev. Proc. 97–41 and Rev. Proc. 98–14 for Purposes of Applying §§ 412 and 404 to Money Purchase Pension Plans

.01 If, pursuant to Rev. Proc. 97–41 (and, if applicable, Rev. Proc. 98–14), an amendment of a disqualifying provision under a money purchase pension plan which is related to SBJPA, GATT, or TRA ’97 is made retroactively effective, then the amendment will be deemed to have been adopted and put into effect as of the amendment’s retroactive effective date for purposes of applying the minimum funding standards under § 412 and the limitations on deductions under § 404. The preceding sentence shall apply with respect to a plan year of a money purchase pension plan only if: a) the contribution required under § 412 (taking into account the preceding sentence) is made to the plan within 8 ¹ ⁄2 months after the close of such plan year, b) the contribution is allocated to the accounts of participants in accordance with the plan, as amended, as of a date within such plan year, and c) all amendments described in the preceding sentence are in fact adopted by the end of the remedial amendment period provided under Rev. Proc. 97–41 and Rev. Proc. 98–14 for GATT, SBJPA, and TRA ’97 changes.

.02 Section 4.01 of this revenue procedure applies to money purchase pension plans and not to defined benefit plans. Thus, as noted in section 8 of Rev. Proc. 97–41, except to the extent required by

Rev. Proc. 98–42

26 CFR 601.601: Rules and regulations. (Also, Part I §§ 404, 412.)