PART II

Yes No ___

Yes No ___

Yes No ___

Yes No ___

Yes No ___

Yes No ___

2. Does the Plan limit transfers to “Excess Assets” as defined in § 420(e)(2) of the Code? Yes No ___

3. Does the Plan provide that only one transfer may be made in a taxable year (except with regard to transfers relating to prior years pursuant to § 420(b)(4) of the Code)?

4. Does the Plan provide that the amount transferred shall not exceed the amount reasonably estimated to be paid for qualified current retiree health liabilities?

Yes No ___

Yes No ___

5. Does the Plan provide that no transfer will be made after December 31, 2005? Yes No ___

2003–1 I.R.B. 231 January 6, 2003

6. Does the Plan provide that transferred assets and income attributable to such assets shall be used only to pay qualified current retiree health liabilities for the taxable year of transfer?

7. Does the Plan provide that any amounts transferred (plus income) that are not used to pay qualified current retiree health liabilities shall be transferred back to the defined benefit portion of the Plan?

8. Does the Plan provide that amounts paid out of a health benefits account will be treated as paid first out of transferred assets and income attributable to those assets?

9. Does the Plan provide that participants’ accrued benefits become nonforfeitable on a termination basis (i) immediately prior to transfer, or (ii) in the case of a participant who separated within 1 year before the transfer, immediately before such separation?

10. In the case of transfers described in § 420(b)(4) of the Code relating to 1990, does the Plan provide that benefits will be recomputed and become nonforfeitable for participants who separated from service in such prior year as described in § 420(c)(2)?

11. Does the Plan provide that transfers will be permitted only if each group health plan or arrangement contains provisions satisfying § 420(c)(3) of the Code, as amended by TREA’99?

12. Does the Plan define “applicable employer cost”, “cost maintenance period” and “benefit maintenance period”, as needed, consistently with § 420(c)(3) of the Code, as amended by TREA ’99?

13. Do the Plan’s provisions reflect the transition rule in section 535(c)(2) of TREA ’99, if applicable?

Yes No ___

Yes No ___

Yes No ___

Yes No ___

Yes No ___

Yes No ___

Yes No ___

Yes No ___

14. Does the Plan provide that transferred assets cannot be used for key employees? Yes No ___

January 6, 2003 232 2003–1 I.R.B.

der the regulations for excepting a net operating loss of a dual resident corporation from the definition of a dual consolidated loss, or for rebutting the presumption that an event constitutes a triggering event for purposes of § 1.1503–2(g)(2)(iii)(B), are satisfied.

(5) Section 7701(b). —Definition of Resident Alien and Nonresident Alien.— Whether an alien individual is a nonresident of the United States, including whether the individual has met the requirements of the substantial presence test or exceptions to the substantial presence test. However, the Service may rule regarding the legal interpretation of a particular provision of § 7701(b) or the regulations thereunder.

26 CFR 601.201: Rulings and determination let- ters.

Rev. Proc. 2003–7