Page:United States Statutes at Large Volume 106 Part 1.djvu/345

 PUBLIC LAW 102-318—JULY 3, 1992 106 STAT. 313 26 USC 411. (40) Subparagraph (A) of section 3405(d)(13) is amended by 26 USC 3405. striking "(b)(S)" and inserting "(b)(2r. (41) Subparagraph (A) of section 4973(b)(l) is amended by 26 USC 4973. striking "sections 402(a)(5), 402(a)(7)'' and inserting "sections 402(0)". (42) Paragraph (4) of section 4980A(c) (relating to special 26 USC 4980A. rule where taxpayer elects income averaging) is amended by striking "section 402(e)(4)(B)" and inserting "section 402(d)(4)(B)". (43) Subparagraph (C) of section 7701CJX1) is amended by 26 USC 7701. striking "section 402(a)(8) and inserting "section 402(e)(3). (44) Section 411(d)(3) is amended by adding at the end the following new sentence: "For purposes of this paragraph, in the case of the complete discontinuance of contributions under a profit-sharing or stock bonus plan, such plan shall be treated as having terminated on the day on which the plan administrator notifies the Secretary (in accordance with regulations) of the discontinuance. " (d) MODEL EXPLANATION.— The Secretary of the Treasury or his delegate shall develop a model explsuiation which a plan administrator may provide to a recipient in order to meet the requirements of section 402(0 of the Internal Revenue Code of 1986. (e) EFFECTIVE DATES. — (1) IN GENERAL. —The amendments made by this section shall '" apply to distributions after December 31, 1992. (2) SPECIAL RULE FOR PARTIAL DISTRIBUTIONS. — For purposes of section 402(a)(5)(D)(i)(II) of the Internal Revenue Code of 1986 (as in effect before the amendments made by this section), a distribution before January 1, 1993, which is made before or at the same time as a series of periodic payments shall not be treated as one of such series if it is not substantially equal in amount to other payments in such series. 26 USC 402 note. 26 USC 402 note. SEC. 522. REQUIREMENT THAT QUALIFIED OPTIONAL TRUSTEE-TO-TRUSTEE ELIGIBLE ROLLOVER DISTRIBUTIONS. PLANS INCLUDE TRANSFERS OF (a) OPTIONAL TRANSFERS. — (1) QUALIFIED PLANS. — Subsection (a) of section 401 (relating to requirements for qualification) is amended by inserting after paragraph (30) the following new paragraph: "(31) OPTIONAL DIRECT TRANSFER OF ELIGIBLE ROLLOVER DIS- TRIBUTIONS. — "(A) IN GENERAL. — ^A trust shall not constitute a qualified trust under this section unless the plan of which such trust is a part provides that if the distributee of any eligible rollover distribution— "(i) elects to have such distribution paid directly to an eligible retirement plan, and " (ii) specifies the eligiole retirement plan to which such distribution is to be paid (in such form and at such time as the plan administrator may prescribe), such distribution shall be made in the form of a direct trustee-to-trustee transfer to the eligible retirement plan so specified. "(B) LIMITATION.— Subparagraph (A) shall apply only to the extent that the eligible rollover distribution would be includible in gross income if not transferred as provided 26 USC 401.

�