[Code of Federal Regulations]
[Title 26, Volume 18]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR420.0-1]

[Page 783]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 420_TEMPORARY REGULATIONS ON PROCEDURE AND ADMINISTRATION UNDER 
THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974--Table of Contents
 
Sec. 420.0-1  Certain existing plans may elect new provisions.




    Source: T.D. 7347, 40 FR 12075, Mar. 17, 1975, unless otherwise 
noted.


    (a) In general. The plan administrator (as defined in section 
414(g)) of a plan that was in existence on January 1, 1974, may elect to 
have the provisions of the Code relating to participation, vesting, 
funding, and form of benefit (as in effect from time to time) apply to a 
plan year selected by the plan administrator which begins after 
September 2, 1974, but before the otherwise applicable effective dates 
determined under section 1017 (b) or (c), 1021, or 1024 of the Employee 
Retirement Income Security Act of 1974, and to all subsequent plan 
years. The provisions referred to are the amendments to the Code made by 
sections 1011, 1012, 1013, 1015, 1016(a) (1) through (11) and (13) 
through (27), 1021, and 1022(b) of the Employee Retirement Income 
Security Act of 1974.
    (b) Election is irrevocable. Any election made under this section, 
once made, shall be irrevocable.
    (c) Procedure and time for making election. An election under this 
section shall be made by attaching a statement to either the annual 
return required under section 6058(a) (or an amended return) with 
respect to the plan which is filed for the first plan year for which the 
election is effective or to a written request for a determination letter 
relating to the qualification of the plan under section 401 (a), 403(a), 
or 405(a) of the Code and, if trusteed, the exempt status under section 
501(a) of the Code of a trust constituting a part of the plan. If the 
election is made with a written request for a determination letter, the 
election may be conditioned upon issuance of a favorable determination 
letter, and will become irrevocable upon issuance of such letter. The 
statement shall indicate that the election is made under section 1017 
(d) of the Employee Retirement Income Security Act of 1974 and the first 
plan year for which the election is effective.

(Sec. 1017(d), Employee Retirement Income Security Act of 1974, 88 Stat. 
934)

                        PARTS 421	499 [RESERVED]