Doc says NRA = 70 ?

[Guest Partly Cloudy]

We are taking over a DB plan that has been in existence since 1977. It is a not for profit corp. Right now we have the pre-GUST (TRA 86) indiv. designed doc. (The GUST doc has been adopted and a copy is on it's way to us.) The document defines NRA as age 70. I was under the impression that NRA could be no later than age 65 and 5 YOP. Can anyone let me know if NRA = 70 is an acceptable document provision according to the IRC? Thanks.

[david rigby]

NRA is defined in IRC 411(a)(8) as the later of 65 or the 5th anniversary of participation. That definition is "for purposes of this section", which means it applies to issues related to vesting, accrual requirements. Of course, it is also referenced elsewhere, but that would not prohibit a plan from making its own definition.

However, most plans that attempt to use another definition will define NRA as in 411 but define NRD as something else in the plan.

[AndyH]

To be more precise it's actually the earlier of the plan date or the date pax references, which still becomes the date that pax references.

I have one that provides for NRA later than 65 + 5 P (it uses SSNRA) but it appears to be ok because benefits are fully vested at age 65 (actually, age 60), available for distribution at age 65, and meets other requirements that escape me at the moment. But the vesting and distribution provisions I think are critical.

[AndyH]

And I do like the user name, BTW. It's a possible award nominee.