ESOP Distribution

[Guest EMozley]

Is it legal to hold distributions from an ESOP until the acquisition loan is paid in full?

We are trustee of a leveraged ESOP where the plan sponsor is questioning the administrator's request to process 70 1/2 minimum distributions, because the document states no distributions until the note is paid. Is this legal? I have not researched the document yet, but was curious if this was even possible.

Any insight helpful. Thanks.

[RLL]

Hi EMozley ---

IRC section 409(o)(1)(B) permits an ESOP to provide for the deferral of benefit distributions consisting of leveraged shares until the acquisition loan has been fully repaid (but this exception does not apply to shares that were not acquired with that specific ESOP loan).

However, this special ESOP distribution rule is subordinated to the required distribution rules of IRC section 401(a)(9) and (14), which may require distribution of certain amounts prior to the time that an ESOP loan has been fully repaid. This includes any required distributions at age 70-1/2.