Section 3. Contact Information

The principal authors of this notice are Kate Y. Hwa and Laurie Hatten-Boyd of the Office of the Associate Chief Counsel (International). For further information regarding Section I of this notice, contact Ms. Hwa at 202-622-3840 (not a toll-free number). For further information regarding Section II of this notice, contact Ms. Hatten-Boyd at (202) 622-3840 (not a toll-free call) or Tom Logan at 202-874-1800 (not a toll-free number).

4A separate attachment will be created for each country in which QI, or an entity affiliated with QI, operates.

1999–5 I.R.B. 51 February 1, 1999

The following definitions apply for purposes of this revenue procedure.

.01 403(b) Plan. The term “403(b) Plan” means a plan or program intended to satisfy the requirements of § 403(b), including a Plan of an Ineligible Employer.

.02 Demographic Failure. The term “Demographic Failure” means, with respect to a 403(b) Plan, a failure to satisfy the requirements of § 401(a)(4), § 401(a)(26), or § 410(b) (as applied to 403(b) Plans pursuant to § 403(b)(12)(A)(i)).

.03 Eligibility Failure. The term “Eligibility Failure” means, with respect to a 403(b) Plan, any of the following: (1) A Plan of an Ineligible Employer; (2) A failure to satisfy the nontransferability requirement of § 401(g);

(3) A failure to initially establish or maintain a custodial account as required by § 403(b)(7); or

(4) A failure to purchase (initially or subsequently) either an annuity contract from an insurance company (unless grandfathered under Rev. Rul. 82–102, 1982–1 C.B. 62) or a custodial account from a regulated investment company utilizing a bank or an approved non-bank trustee/custodian.

.04 Excess Amounts. The term “Excess Amounts” means any contributions or allocations to a 403(b) Plan that are in excess of the limits under § 415 or § 403(b)(2) (the exclusion allowance limit) for the year.

26 CFR 601.202: Closing agreements.

Rev. Proc. 99–13