retro annuity start date- final regs

[Guest meggie]

Until the final regs on the retro ASD came out, I never gave much thought to how we processed benefits--other to ascertain the participant terminated before the requested ASD, notices were provided before the ASD, and that the first check could not be cut until the 30 day wait period lapsed.

I was under the impression that if a person terminated on 12/3/03 and requested his retirement benefit as of 1/1/04, that would be okay as long as the QJSA notice was provided before 1/1/04. In other words, as long as the paperwork was provided before the requested ASD, then the benefit start date would be 1/1/04 [in this case]. If the plan required a 30 day wait from the date the notice is provided, then assuming the paperwork went out on 12/26/03, the participant could not get his 1/1/04 check until 1/26/04. This would not be considered a retro ASD because the paperwork was provided before 1/1/04. Is my analysis correct? Some people believe that the QJSA notice would have to have been provided no later than 12/1/03 in order to have a 1/1/04 annuity start date -again assuming that the plan does not allow retro ASDs. Thanks.