SECTION 5. EFFECTIVE DATE

This revenue procedure is effective January 13, 2003.

DRAFTING INFORMATION

The principal author of this revenue procedure is James Flannery of Employee Plans, Tax Exempt and Government Entities Division. For further information regarding this revenue procedure, please contact the Employee Plans’ taxpayer assistance telephone service at 1–877–829– 5500 between the hours of 8:00 a.m. and 6:30 p.m. Eastern time, Monday through Friday (a toll-free number). Mr. Flannery may be reached at 1–202–283–9888 (not a toll-free call).

the actuarial value of other benefits provided under the contract, even though the IRA has been amended to provide that the entire interest under the contract includes the actuarial value of such other benefits.

.03 Until further notice, determination letters issued for defined benefit plan applications that are submitted on or after the first day of the first plan year beginning on or after January 1, 2003, will consider whether the plan contains the statutory rules of § 401(a)(9) but will not take into account the requirements of the § 401(a)(9) Final and Temporary Regulations. Likewise, opinion and advisory letter applications for defined benefit plans that are submitted on or after January 1, 2003, will consider the § 401(a)(9) statutory requirements but not the § 401(a)(9) Final and Temporary Regulations.

.04 Until the effective date of final regulations regarding required minimum distributions under a defined benefit plan or annuity contract, a nongovernmental plan must satisfy in operation the requirements

of the § 401(a)(9) Final and Temporary Regulations, taking into account the expected transition rules described in Notice 2003–2, irrespective of whether the plan has been amended to comply with the § 401(a)(9) Final and Temporary Regulations (for example, by adoption of the model amendment in Rev. Proc. 2002– 29). Until the effective date of such final regulations applicable to governmental plans, a governmental plan may rely on a reasonable good faith interpretation of § 401(a)(9) as it applies to defined benefit plans and annuity contracts, irrespective of whether the plan has been amended to comply with the § 401(a)(9) Final and Temporary Regulations. As provided in Notice 2003–2, compliance with § 1.401(a)(9)– 6T, the § 401(a)(9) 2001 Proposed Regulations, or the § 401(a)(9) 1987 Proposed Regulations, as they relate to defined benefit plans and annuity contracts, will be deemed to meet this reasonable good faith standard.

2003–2 I.R.B. 261 January 13, 2003