PS Posted April 30, 2021 Report Share Posted April 30, 2021 One of the 401 (a) is terminating and its have a MPPP through the plan sponsor had opted for annuity they never purchased an annuity and now the plan is terminating. I believe the plan sponsor needs to provide annuity only for those who elect however since this plan sponsor has opted for Annuity and has not purchased an Annuity, will the client need to first purchase annuity for everyone who will elect for annuity and then proceed with the Plan termination? Also In case of the Non-responsive participants can the plan sponsor do a force out without purchasing an Annuity? Link to comment Share on other sites More sharing options...
Bri Posted May 3, 2021 Report Share Posted May 3, 2021 If the balance is over 5,000 then the non-responsive would indeed need an annuity as well. Lou S. 1 Link to comment Share on other sites More sharing options...
rocknrolls2 Posted May 3, 2021 Report Share Posted May 3, 2021 The IRS position is that a qualified plan is not considered terminated until all of its assets are distributed to plan participants. One of the ways of doing this is to have the plan purchase annuity contracts for all participants whose account balance exceeds $5,000. At that point, the plan assets are considered distributed to the participant (but are not yet taxable until the participant receives them) because the participant's account balance is replaced by the annuity contract, which is outside of the plan and is guaranteed by the insurance company. The purchase of the contract for the group of all participants whose account exceeds $5,000 is one of the more expeditious methods of completing the termination process. Link to comment Share on other sites More sharing options...
imchipbrown Posted May 3, 2021 Report Share Posted May 3, 2021 I've never had one requested in 40 years. Haven't really had a MP Plan since the PS limit was increased. Link to comment Share on other sites More sharing options...
Luke Bailey Posted May 3, 2021 Report Share Posted May 3, 2021 On 4/30/2021 at 1:52 PM, PS said: One of the 401 (a) is terminating and its have a MPPP through the plan sponsor had opted for annuity they never purchased an annuity and now the plan is terminating. I believe the plan sponsor needs to provide annuity only for those who elect however since this plan sponsor has opted for Annuity and has not purchased an Annuity, will the client need to first purchase annuity for everyone who will elect for annuity and then proceed with the Plan termination? Also In case of the Non-responsive participants can the plan sponsor do a force out without purchasing an Annuity? If the plan does not have a lump sum option, and says the only form of distribution is annuity, they will need to buy annuities, but that is really unusual. Luke Bailey Senior Counsel Clark Hill PLC 214-651-4572 (O) | LBailey@clarkhill.com 2600 Dallas Parkway Suite 600 Frisco, TX 75034 Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now