Elimination of Optional Forms of Benefit

[J. Bringhurst]

Client amended 401(k) plan to eliminate installment payments and annuities effective for distributions after 12/31/2001 and did not provide a summary of the amendment to participants. EGTRRA added §411(d)(6)(E) for years beginning after 12/31/2001 to provide for the elimination of optional forms of distribution without any notice requirements...but includes the language "Except to the extent provided in regulations..." Since final regulations eliminating the notice requirement have not yet been published (that I'm aware of), I'm of the opinion that the client messed up. Any thoughts? The only correction that I can think of is to go back to distributees and offer all of the optional forms previously eliminated, adopt another prospective amendment eliminating the optionals forms, and follow the notice requirements. SCP? VCP?