5307 question

[Guest PMiller]

Question 10a of the 5307 requires an attachment if the qjsa is eliminated as the normal form of benefit for a plan. What information have you, or would you, include in this attachment?

[Guest pjb]

My interpretation is this...Reg. 1.411(d)-4 Q&A 2(e) permits DC plans after 9/6/00 to eliminate all optional forms other than lump sum, including annuities. However, one of the examples under paragraph (e) implies annuities may not be eliminated based on this new paragraph if the plan is a QJSA plan. It seems the purpose is to protect the QJSA, but it's not clear to me whether non-QJSA annuities may be eliminated by this paragraph if the DC plan is a QJSA plan.

Paragarph (b)(2)(ii) says joint and survivor annuity forms may be eliminated except the smallest and largest survivor percentages and this can affect the designated QJSA form. This is applicable to all plans.

The attachment to 5307 would simply refer to the applicable paragraph under the above reg that permitted the amendment.