Help - Search - Members - Calendar
Full Version: Establishing DB Plan Retire/Rehire Criteria
BenefitsLink Message Boards > Retirement Plans > Defined Benefit Plans, Including Cash Balance
wekiva
Our DB plan allows a lump-sum payout and does not prohibit rehire after retirement. Several of our retirement-age employees have recently expressed interest in retiring simply so they could collect their lump-sum distribution and then be rehired immediately. They don't wish to retire -- they just want the cash now.

I understand we would put the plan at risk for disqualification if there is not a complete separation from employment; therefore, we are looking at establishing criteria for rehire eligibility (e.g., 6-month wait) and are looking for information, guidance and reference material on designing/implementing rehire/retire criteria. We have discussed this with our DB consultant who suggested amending the plan to include criteria to dissuade false retirement. The only information I can find relates to retirees receiving annuity payments, not lump sum payments. I would like to get a feel for what other companies have done.

Thank you.
SoCalActuary
QUOTE (wekiva @ Jul 28 2009, 12:01 PM) *
Our DB plan allows a lump-sum payout and does not prohibit rehire after retirement. Several of our retirement-age employees have recently expressed interest in retiring simply so they could collect their lump-sum distribution and then be rehired immediately. They don't wish to retire -- they just want the cash now.

I understand we would put the plan at risk for disqualification if there is not a complete separation from employment; therefore, we are looking at establishing criteria for rehire eligibility (e.g., 6-month wait) and are looking for information, guidance and reference material on designing/implementing rehire/retire criteria. We have discussed this with our DB consultant who suggested amending the plan to include criteria to dissuade false retirement. The only information I can find relates to retirees receiving annuity payments, not lump sum payments. I would like to get a feel for what other companies have done.

Thank you.

If the retirees are over age 62, you can implement a change to allow in-service distribution. If they are under age 62, then you need some legitimate way of determining separation from service. I don't practice labor law, so good luck.
david rigby
QUOTE (SoCalActuary @ Jul 28 2009, 03:39 PM) *
If the retirees are over age 62, you can implement a change to allow in-service distribution. If they are under age 62, then you need some legitimate way of determining separation from service.

See IRC 401(a)(36).
The plan's ERISA attorney can amend the plan for this. The plan's actuary can tell you the increase in funding cost, if any.



Andy the Actuary
Apart from the remedies mentioned (allowing in-service distributions, e.g., at 65), the client should think long and hard and with benefit of legal counsel before engaging in what could be construed as a subterfuge.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2010 Invision Power Services, Inc.