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28854 Federal Register / Vol. 72, No.

99 / Wednesday, May 23, 2007 / Rules and Regulations

information at the time the request is Background paragraph (c)(1) of this section, any
granted unless the foreign law The final regulations that are the nontransferred benefits provided under
enforcement agency requests that the subject of this document are under plans maintained by the predecessor
submitter not be notified. sections 401(a), 401(a)(4), 401(a)(9), employer with respect to a participant
(5) For purposes of this section: 401(k), 402, 414(s), 415, 416, 457, and whose benefits have been transferred to
(i) ‘‘Federal antitrust laws’’ and 924 of the Internal Revenue Code. the transferee plan.
‘‘foreign antitrust laws’’ are to be * * * * *
interpreted as defined in paragraphs (5) Need for Correction ■ Par. 5. Section 1.457–5(d), Example 2,
and (7), respectively, of section 12 of the As published, final regulations (TD paragraphs (ii) and (iii) are amended by
International Antitrust Enforcement 9319) contain errors that may prove to revising the third sentence of (ii) and all
Assistance Act of 1994 (15 U.S.C. 6211); be misleading and are in need of of (iii) to read as follows:
and clarification.
(ii) ‘‘Foreign law enforcement agency’’ § 1.457–5 Individual limitation for
is defined as: List of Subjects in 26 CFR Part 1 combined annual deferrals under multiple
(A) Any agency or judicial authority eligible plans.
Income taxes, Reporting and
of a foreign government, including a recordkeeping requirements. * * * * *
foreign state, a political subdivision of (d) * * *
a foreign state, or a multinational Correction of Publication Example 2. * * *
organization constituted by and ■ Accordingly, 26 CFR part 1 is (ii) * * * Alternatively, Participant E
comprised of foreign states, that is corrected by making the following could instead elect to defer the following
vested with law enforcement or combination of amounts: An aggregate total
correcting amendments: of $15,000 to Plans X, Y, and Z, if no
investigative authority in civil, criminal,
contribution is made to Plan W; an aggregate
or administrative matters and PART 1—INCOME TAXES total of $20,000 to any of the four plans,
(B) Any multinational organization, to assuming at least $5,000 is contributed to
the extent that it is acting on behalf of ■ Paragraph 1. The authority citation
for part 1 continues to read as follows: Plan W; or $22,000 to Plan W and none to
an entity described in paragraph any of the other three plans.
(j)(5)(i)(A) of this section. Authority: 26 U.S.C. 7805 * * * (iii) * * * If the underutilized amount
By direction of the Commission. under Plans W, X, and Y for year 2006 were
■ Par. 2. Section 1.415(b)–1 is amended
in each case zero (because E had always
Donald S. Clark, by revising paragraph (c)(5)(i)(A), and contributed the maximum amount or E was
Secretary. the second sentence of paragraph (c)(6) a new participant) or an amount not in excess
[FR Doc. E7–9966 Filed 5–22–07; 8:45 am] Example 6, paragraph (iv). The revisions of $5,000, the maximum exclusion under this
BILLING CODE 6750–01–P read as follows: section would be $20,000 for Participant E
for year 2006 ($15,000 plus the $5,000 age 50
§ 1.415(b)–1 Limitations for defined benefit catch-up amount), which Participant E could
plans. contribute to any of the plans assuming at
DEPARTMENT OF THE TREASURY * * * * * least $5,000 is contributed to Plan W.
(c) * * *
Internal Revenue Service LaNita Van Dyke,
(5) * * *
(i) * * * Chief, Publications and Regulations Branch,
26 CFR Part 1 (A) The benefit is paid in a form to Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
[TD 9319] which section 417(e)(3) does not apply.
[FR Doc. E7–9877 Filed 5–22–07; 8:45 am]
RIN 1545–BD52 * * * * *
BILLING CODE 4830–01–P
(6) * * *
Limitations on Benefits and Example 6. * * *
Contributions Under Qualified Plans; (iv) * * * With respect to the single-sum
distribution, the annual amount of the DEPARTMENT OF THE TREASURY
Correction
actuarially equivalent straight life annuity
commencing at the same age determined Internal Revenue Service
AGENCY: Internal Revenue Service (IRS),
Treasury. using the plan’s actuarial factors is equal to
$45,000. * * * 26 CFR Part 1
ACTION: Correcting amendments.
* * * * * [TD 9319]
SUMMARY: This document contains ■ Par. 3. Section 1.415(d)–1 is amended RIN 1545–BD52
corrections to final regulations (TD by revising its heading to read as
9319) that were published in the follows: Limitations on Benefits and
Federal Register on Thursday, April 5, Contributions Under Qualified Plans;
2007 (72 FR 16878) regarding the § 1.415(d)–1 Cost-of-living adjustments.
Correction
limitations of section 415, including * * * * *
updates to the regulations for numerous ■ Par. 4. Section 1.415(f)–1 is amended AGENCY: Internal Revenue Service (IRS),
statutory changes since comprehensive by revising the last sentence of Treasury.
final regulations were last published paragraph (d)(1) to read as follows: ACTION: Correction to final regulations.
under section 415. § 1.415(f)–1 Aggregating plans. SUMMARY: This document contains a
DATES: These correcting amendments
* * * * * correction to final regulations (TD 9319)
are effective May 23, 2007.
cprice-sewell on PROD1PC71 with RULES

(d) * * * that were published in the Federal


FOR FURTHER INFORMATION CONTACT: (1) * * * Instead, the transferee plan Register on Thursday, April 5, 2007 (72
Vernon S. Carter at (202) 622–6060 or takes into account the transferred FR 16878) regarding the limitations of
Linda S. F. Marshall at (202) 622–6090 benefits that are actually provided section 415, including updates to the
(not toll-free numbers). under the transferee plan (see regulations for numerous statutory
SUPPLEMENTARY INFORMATION: § 1.415(b)–1(b)(3)(i)(C)) and, pursuant to changes since comprehensive final

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