tja

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  1. The plan currently requires separation of service but an amendment is being considered to allow in-service refunds to employees who leave covered employment by transferring to management. .
  2. It is my understanding that an employee's contributions to a governmental defined benefit plan cannot be refunded to an employee who is no longer covered by the plan if he or she remains employed with the sponsoring employer unless he or she reached normal retirement age. This issue arises in the context of a collectively bargained employee who leaves the bargaining unit to become part of management. Does anyone know of any exceptions or is there any authority that supports the refund of employee contributions to someone who transferred to a position not covered by the plan but has not separated from service?
  3. I am reviewing a governmental defined benefit plan that allows a participant to elect to a refund of employee contributions (picked-up contributions) plus interest when he leave employment. The plan also provides for a death benefit of the employee contributions plus interest, less any retiirement benefits received. The plan does not have any rollover provisions. Are the amendments that would have been required under a DC plan needed here as well? If so, what is the best approach for amendments made this year?