Mandatory lump sums

[Guest meggie]

The plan distributes lump sums if the value is $5,000 or less. An error was made in the lump sum calculation- wrong benefit formula- and now people who received lump sums of $5,000 or less are due an additional benefit.

If the value of the new corrected benefit is over $5,000, but the additional value is less than $5,000, could the plan administrator distribute the additional value in the form of a lump sum? Does the answer depend on whether the discovery occurred in a subsequent tax year? For example, for MRD purposes, a participant that was subjected to the mandatory cash out rules in the 1st MRD year, would be entitled to additional accruals (lump sums) in subsequent years while still accruing.

I would think that if the underpayment error is discovered in a subsequent tax year, that the additional lump sum (say $1,000) could be distributed as a lump sum, but since the total value was in fact over $5,000, that it would be prudent for the plan administrator to obtain spousal/employee consent. If the error was discovered in the same tax year, the plan administrator should request the employee to return the dollars and process as an annuity. Looking for comments.

Thanks

[Blinky the 3-eyed Fish]

So it sounds as if you have 2 issues: 1) the plan document was not operated according to its terms by paying out lump sums to some participants who had PVAB's greater than $5K, and 2) spousal consent was not obtained for minimum distributions for those with PVAB's over $5K.

Both types of errors are discussed in Rev. Proc. 2003-44. Enjoy!