[Federal Register Volume 67, Number 74 (Wednesday, April 17, 2002)]
[Proposed Rules]
[Pages 18834-18835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8964]



Internal Revenue Service

26 CFR Part 1

RIN 1545-BA60

Required Distributions From Retirement Plans

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of proposed rulemaking by cross-reference to temporary 


SUMMARY: In the Rules and Regulations section of this issue of the 
Federal Register, the IRS is issuing temporary regulations that provide 
guidance concerning required minimum distributions for defined benefit 
plans and annuity contracts providing benefits under qualified plans, 
individual retirement plans, and section 403(b) contracts. The 
regulations will provide the public with guidance necessary to comply 
with the law and will affect administrators of, participants in, and 
beneficiaries of qualified plans; institutions that sponsor and 
individuals who administer individual retirement plans, individuals who 
use individual retirement plans for retirement income, and 
beneficiaries of individual retirement plans; and employees for whom 
amounts are contributed to section 403(b) annuity contracts, custodial 
accounts, or retirement income accounts and beneficiaries of such 
contracts and accounts. The text of those temporary regulations also 
serves as the text of these proposed regulations.

DATES: Written or electronic comments must be received by July 16, 

ADDRESSES: Send submissions to: CC:ITA:RU (REG-108697-02), room 5226, 
Internal Revenue Service, POB 7604, Ben Franklin Station, Washington, 
DC 20044. Submissions may be hand delivered Monday through Friday 
between the hours of 8 a.m. and 5 p.m. to: CC:ITA:RU (REG-108697-02), 
Courier's Desk, Internal Revenue Service, 1111 Constitution Avenue, 
NW., Washington, DC. Alternatively, taxpayers may submit comments 
electronically directly to the IRS Internet site at http://www.irs.gov/regs.




    Final and Temporary regulations in the Rules and Regulations 
portion of this issue of the Federal Register amend the Income Tax 
Regulations (26 CFR part 1) relating to section 401(a)(9). The 
temporary regulations (Sec. 1.401(a)(9)-6T) contain rules relating to 
minimum distribution requirements for defined benefit plans and annuity 
contracts purchased with an employee's account balance under a defined 
contribution plan. The text of those temporary regulations also serves 
as the text of these proposed regulations. The preamble to the 
temporary regulations explains the temporary regulations.

Special Analyses

    It has been determined that this notice of proposed rulemaking is 
not a significant regulatory action as defined in Executive Order 
12866. Therefore, a regulatory assessment is not required. It also has 
been determined that section 553(b) of the Administrative Procedure Act 
(5 U.S.C. chapter 5) does not apply to these regulations. Because 
Sec. 1.401(a)(9)-6 imposes no new collection of information on small 
entities, a Regulatory Flexibility Analysis under the Regulatory 
Flexibility Act (5 U.S.C. chapter 6) is not required. Pursuant to 
section 7805(f) of the Internal Revenue Code, this notice of proposed 
rulemaking will be submitted to the Chief Counsel for Advocacy of the 
Small Business Administration for comment on its impact on small 

Comments and Requests for a Public Hearing

    Before these proposed regulations are adopted as final regulations, 
consideration will be given to any written comments (a signed original 
and eight (8) copies) that are submitted timely to the IRS. All 
comments will be available for public inspection and copying.
    A public hearing may be scheduled if requested in writing by a 
person that timely submits written comments. If a public hearing is 
scheduled, notice of the date, time, and place for the hearing will be 
published in the Federal Register.

[[Page 18835]]

Drafting Information

    The principal authors of these regulations are Marjorie Hoffman and 
Cathy A. Vohs of the Office of the Division Counsel/Associate Chief 
Counsel (Tax Exempt and Government Entities). However, other personnel 
from the IRS and Treasury participated in their development.

List of Subjects 26 CFR Part 1

    Income taxes, Reporting and recordkeeping requirements.

Proposed Amendments to the Regulations

    Accordingly, 26 CFR part 1 is proposed to be amended as follows:


    Paragraph 1. The authority citation for part 1 is amended by an 
entry in numerical order to read in part as follows:

    Authority: 26 U.S.C. 7805 * * *
    Sec. 1.401(a)(9)-6 is also issued under 26 U.S.C. 401(a)(9).* * *

    Par. 2. Section 1.401(a)(9)-6 is added to read as follows:

Sec. 1.401(a)(9)-6  Required minimum distributions from defined benefit 

    [The text of proposed Sec. 1.401(a)(9)-6 is the same as the text of 
Sec. 1.401(a)(9)-6T published elsewhere in this issue of the Federal 

Robert E. Wenzel,
Deputy Commissioner of Internal Revenue.
[FR Doc. 02-8964 Filed 4-16-02; 8:45 am]