TAX COURT PROCEDURE.

SEC. 1041. TAX COURT PROCEDURE. (a) In General.—Subchapter O of chapter 76 (relating to the Tax Court, is amended by adding at the end thereof the following new part: “PART IV—DECLARATORY JUDGMENTS RELATING TO QUALIFICATION OF CERTAIN RETIREMENT PLANS “Sec. 7476. Declaratory judgments. “SEC. 7476. DECLARATORY JUDGMENTS. “(a) Creation of Remedy.—In a case of actual controversy involving— “(1) a determination by the Secretary or his delegate with respect to the initial qualification or continuing qualification of a retirement plan under subchapter D of chapter I, or “(2) a failure by the Secretary or his delegate 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 United States 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. “(b) Limitations.— “(1) Petitioner.—A pleading may be filed under this section only by a petitioner who is the employer, the plan administrator, an employee who has qualified under regulations prescribed by the Secretary or his delegate as an interested party for purposes of pursuing administrative remedies within the Internal Revenue Service, or the Pension Benefit Guaranty Corporation. “(2) Notice.—For purposes of this section, the filing of a pleading by any petitioner may be held by the Tax Court to be premature, unless the petitioner establishes to the satisfaction of the court that he has complied with the requirements prescribed by regulations of the Secretary or his delegate with respect to notice to other interested parties of the filing of the request for a determination referred to in subsection (a). “(3) Exhaustion of administrative remedies.—The Tax Court shall not issue a declaratory judgment or decree under this section in any proceeding unless it determines that the petitioner has exhausted administrative remedies available to him within the Internal Revenue Service. A petitioner shall not be deemed to have exhausted his administrative remedies with respect to a failure by the Secretary or his delegate to make a determination with respect to initial qualification or continuing qualification of a retirement plan before the expiration of 270 days after the request for such determination was made. 88 Stat. 950 “(4) Plan put into effect.—No proceeding may be maintained under this section unless the plan (and, in the case of a controversy involving the continuing qualification of the plan because of an amendment to the plan, the amendment) with respect to which a decision of the Tax Court is sought has been put into effect before the filing of the pleading. A plan or amendment shall not be treated as not being in effect merely because under the plan the funds contributed to the plan may be refunded if the plan (or the plan as so amended) is found to be not qualified. “(5) Time for bringing action.—If the Secretary or his delegate sends by certified or registered mail notice of his determination with respect to the qualification of the plan to the persons referred to in paragraph (1) (or, in the case of employees referred to in paragraph (1), to any individual designated under regulations prescribed by the Secretary or his delegate as a representative of such employee), no proceeding may be initiated under this section by any person unless the pleading is filed before the ninety-first day after the day after such notice is mailed to such person (or to his designated representative, in the case of an employee). “(c) Commissioners.—The chief judge of the Tax Court may assign proceedings under this section to be heard by the commissioners of the court, and the court may authorize a commissioner to make the decision of the court with respect to such proceeding, subject to such conditions and review as the court may by rule provide. “(d) 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, “(2) an annuity plan described in section 403(a), or “(3) a bond purchase plan described in section 405(a). “(e) Cross Reference.— “For provisions concerning intervention by Pension Benefit Guaranty Corporation and Secretary of Labor in actions brought under this section and right of Pension Benefit Guaranty Corporation to bring action, see section 301(c) of subtitle A of title III of the Employee Retirement Income Security Act of 1974.” (b) Technical and Conforming Amendments.— (1) Fee for filing petition.—Section 7451 (relating to fee for filing petition) is amended by striking out “deficiency” and inserting in lieu thereof “deficiency or for a declaratory judgment under part IV of this subchapter”. (2) Date of decision.—Section 7459(c) (relating to date of decision) is amended by inserting before the period at the end of the first sentence the following: “or, in the case of a declaratory judgment proceeding under part IV of this subchapter, the date of the court’s order entering the decision”. (3) Venue for appeal of decision.— (A) Section 7482(b)(1) (relating to venue) is amended by striking out the period at the end of subparagraph (B) and inserting in lieu thereof “, or” and by inserting after subparagraph (B) the following new subparagraph: “(C) in the case of a person seeking a declaratory decision under section 7476, the principal place of business, or principal office or agency of the employer.” (B) Section 7482(b)(1) is further amended— (i) by striking out “neither subparagraph (A) nor (B) applies” and inserting in lieu thereof “subparagraph (A), (B), and (C) do not apply”; and 88 Stat. 951 (ii) by inserting before the period at the end of the last sentence thereof the following: “or as of the time the petition seeking a declaratory decision under section 7476 was filed with the Tax Court”. (c) Clerical Amendment.—The table of parts for subchapter C of chapter 76 (relating to the Tax Court) is amended by adding at the end thereof the following new item: “Part IV. Declaratory judgments relating to qualification of certain retirement plans.”. (d) Effective Date.—The amendments made by this section shall apply to pleadings filed more than 1 year after the date of the enactment of this Act.