Page:United States Statutes at Large Volume 106 Part 1.djvu/341

 PUBLIC LAW 102-318—JULY 3, 1992 106 STAT. 309 subparagraph shall not apply to a distribution to which subsection (c) applies. "(B) AMOUNTS ATTRIBUTABLE TO EMPLOYER CON- TRIBUTIONS.—For purposes of subsection (a) and section 72, in the case of any lump sum distribution which includes securities of the employer corporation, there shall be excluded from gross income the net unrealized appreciation attributable to that part of the distribution which consists of securities of the employer corporation. In accordance with rules prescribed by the Secretary, a taxpayer may elect, on the return of tax on which a lump sum distribution is required to be included, not to have this subparagraph apply to such distribution. "(C) DETERMINATION OF AMOUNTS AND ADJUSTMENTS. — For purposes of subparagraphs (A) and (B), net imrealized appreciation and the resulting adjustments to basis shall be determined in accordance with regulations prescribed by the Secretary. "(D) LUMP SUM DISTRIBUTION. —For purposes of this paragraph, the term lump sum distribution' has the meaning given such term by subsection (d)(4)(A) (without regard to subsection (d)(4)(F)). "(E) DEFINITIONS RELATING TO SECURITIES. —For purposes of this paragraph— "(i) SECURITIES.— The term 'securities' means only shares of stock and bonds or debentures issued by a corporation with interest coupons or in registered form. "(ii) SECURITIES OF THE EMPLOYER. —The term 'securities of the employer corporation' includes securities of a parent or subsidiary corporation (as defined in subsections (e) and (f) of section 424) of the employer corporation. "(5) TAXABILITY OF BENEFICIARY OF CERTAIN FOREIGN SITUS TRUSTS,—For purposes of subsections (a), (b), and (c), a stock bonus, pension, or profit-sharing trust which would qualify for exemption from tax under section 501(a) except for the fact that it is a trust created or organized outside the United States shall be treated as if it were a trust exempt from tax under section 501(a). "(f) WRITTEN EXPLANATION TO RECIPIENTS OF DISTRIBUTIONS ELIGIBLE FOR ROLLOVER TREATMENT.— "(1) IN GENERAL. — The plan administrator of any plan shall, withjii a reasonable period of time before making an eligible rollover distribution from an eligible retirement plan, provide a written explanation to the recipient— "(A) of the provisions under which the recipient may have the distribution directly transferred to another eligible retirement plan, "(B) of the provision which requires the withholding,of tax on the distribution if it is not directly transferred to another eligible retirement plan, "(C) of the provisions under which the distribution will not be subject to tax if transferred to an eligible retirement plan withm 60 days after the date on which the recipient received the distribution, and

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