I'm surprised that the plan document does not already spell out a procedure.
If not, the document should be amended first. IMHO, you probably have some flexibility:
- proportional to PVAB;
- use the PBGC procedure (but don't change it one iota);
- all NCHE's first, then PVAB ratio for HCEs;
- other??
Just an opinion.
Probably not. What does the plan say?
Perhaps I misread the question. If you are asking if the NRA can be used to determine the benefit and/or lump sum, then "probably not". If you are asking if the plan termination date should be used as a retirement date for the determination of the benefit and/or lump sum, that is probably what the plan will direct you to do.
... or the ER could ask him how he is harmed by receiving something free.
... or the ER could ask itself/himself/herself about whether such employee...
Good advice from GMK.
The norm is that the J&S goes to the person who was the spouse at the benefit commencement date; see IRS Reg. 1.401(a)-20, Q&A25.
Belgarath points are very good, especially
Let's also take the high road, not just the convenient road. You will never regret a high level of personal integrity.
The most recent one is Notice 2010-14. http://www.irs.gov/pub/irs-drop/n-10-14.pdf
(It's incorrectly labeled as 2009-14, but they will probably fix it.)
In general, you can find many IRS documents (but not regulations) here: http://www.irs.gov/pub/irs-drop/, although not everything is posted immediately.
Just a hunch: when the financial advisor says "before it matures", she/he means "before you die".
I suggest looking at what happens in that event: where does the death benefit go / what is the definition of a death benefit in the Plan? If the answer(s) are not what the plan sponsor wants, then now is the time to change the plan.
Having the word "matures" in quotes raises the question of what is really (really) meant by the statement.
Many decades ago, an insured might get a check from an insurance company at age 100 (along with lots of publicity) because the insurance policy "matured". Very unlikely that any such event occurs anymore.
You don't "contribute" to the stock market; you invest in the stock market. Contributions to the DB plan are from compensation/corporate profits; limits are based on IRC 412/430 (minimum) and 404 (maximum). I see no relevance to the source of the cash flow, as long as the limits are observed.