U.S Code last checked for updates: May 15, 2024
§ 7476.
Declaratory judgments relating to qualification of certain retirement plans
(a)
Creation of remedy
In a case of actual controversy involving—
(1)
a determination by the Secretary with respect to the initial qualification or continuing qualification of a retirement plan under subchapter D of chapter 1, or
(2)
a failure by the Secretary to make a determination with respect to—
(A)
such initial qualification, or
(B)
such continuing qualification if the controversy arises from a plan amendment or plan termination,
upon the filing of an appropriate pleading, the Tax Court may make a declaration with respect to such initial qualification or continuing qualification. Any such declaration shall have the force and effect of a decision of the Tax Court and shall be reviewable as such. For purposes of this section, a determination with respect to a continuing qualification includes any revocation of or other change in a qualification.
(b)
Limitations
(1)
Petitioner
(2)
Notice
(3)
Exhaustion of administrative remedies
(4)
Plan put into effect
(5)
Time for bringing action
(c)
Retirement plan
For purposes of this section, the term “retirement plan” means—
(1)
a pension, profit-sharing, or stock bonus plan described in section 401(a) or a trust which is part of such a plan, or
(2)
an annuity plan described in section 403(a).
(d)
Cross reference
(Added Pub. L. 93–406, title II, § 1041(a), Sept. 2, 1974, 88 Stat. 949; amended Pub. L. 94–455, title X, § 1042(d)(2)(C), title XIII, § 1306(b)(3), title XIX, §§ 1906(a)(48), (b)(13)(A), Oct. 4, 1976, 90 Stat. 1639, 1719, 1831, 1834; Pub. L. 95–600, title III, § 336(b)(2)(A), title VII, § 701(dd)(1), Nov. 6, 1978, 92 Stat. 2842, 2924; Pub. L. 98–369, div. A, title IV, § 491(d)(52), July 18, 1984, 98 Stat. 852; Pub. L. 99–514, title XVIII, § 1899A(59), Oct. 22, 1986, 100 Stat. 2962.)
cite as: 26 USC 7476