PLR 1221056: IRS approves a five-year extension for amortizing plan liabilities

Plain-English summary

The IRS approved a request for a five-year automatic extension to amortize specified unfunded liabilities of a pension plan. The extension covers liabilities described under sections 431(b)(2)(B) and 431(b)(4) of the Internal Revenue Code and corresponding provisions of ERISA. The plan provided the required information and an actuary’s certification that the extension was needed to avoid an accumulated funding deficiency, improve funding, maintain sufficient assets, and satisfy the required notice condition. The approval applies to the eligible amortization charge bases established as of the stated October 1 date.

Ruling snapshot

• Question: May the plan receive a five-year extension for amortizing specified unfunded liabilities?
• Outcome: Approved, five-year extension granted.
• Key authorities: IRC § 431(b) and (d); ERISA §§ 304(b)(2)(B) and 304(b)(4)

Full text (IRS public release)

Significant Index Number 0431.00-00

201221056

DEPARTMENT OF THE TREASURY
INTERNAL REVENUE SERVICE
WASHINGTON, D.C. 20224

TAX EXEMPT AND GOVERNMENT ENTITIES
DIVISION

SEP 12 2011

[Illegible handwritten notation]

Re:

Taxpayer = [illegible]

Dear [illegible]:

This letter constitutes notice that approval has been granted for your request for
a 5-year automatic extension for amortizing the unfunded liabilities as of
October 1, [illegible], for the above-named Plan which are described in sections
431(b)(2)(B) and 431(b)(4) of the Internal Revenue Code (“Code”), and sections
304(b)(2)(B) and 304(b)(4) of the Employee Retirement Income Security Act of
1974 (“ERISA”). This extension is effective with the plan year beginning
October 1, [illegible]. This extension applies to the eligible amortization charge
bases, established as of October 1, [illegible].

The extension of the amortization periods of the unfunded liabilities of the Plan
was granted in accordance with section 431(d)(1) of the Code. Section
431(d)(1)(A) of the Code requires the Secretary to extend the period of time
required to amortize any unfunded liability of a plan for a period of time (not in
excess of 5 years) if the Plan submits an application meeting the criteria stated in
section 431(d)(1)(B). The plan has submitted the required information to meet
the criteria in section 431(d)(1)(B), including a certification from the plan's actuary
that:

(i) absent the extension under subparagraph (A), the
plan would have an accumulated funding deficiency in the
current plan year or any of the 9 succeeding plan years,
(ii) the plan sponsor has adopted a plan to improve the
plan's funding status,

201221056

(iii) the plan is projected to have sufficient assets to
timely pay expected benefits and anticipated expenditures
over the amortization period as extended, and
(iv) the notice required under paragraph (3)(A) has been
provided.

We have sent a copy of this letter to the [illegible]
and to the [illegible].

This ruling is directed only to the taxpayer that requested it. Section 6110(k)(3)
of the Internal Revenue Code provides that it may not be used or cited by others
as precedent.

If you require further assistance in this matter, please contact [illegible].

Sincerely yours,

David M. Ziegler
Manager, EP Actuarial Group 2