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Protected Benefits - merging MPP & 401(K) plan


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Guest M. Martin
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An employer wants to merge their MP into their existing 401(k). In reviewing the document provisions I have the following questions regarding whether certain benefits of the MP plan need to be made available in the 401(k):

1) The MP was effective pre-SBJA and allows active employees over 70.5 to elect to begin receiving their RMD's prior to retiring. The 401(K) is effective post-SBJA and doesn't allow active participants to begin receiving their RMD's until they retire. After the two plans are merged must the participants who were receiving their RMD payments under the MP plan still have this benefit available to them?

2) The MP plan offers lump sum, installment payments & QJSA. The 401(k) offers lump sum and installments and for the post-merged plan the client wants to eliminate installment payments. In reading through 1.411(d)-4 it appears that in-service distributions are protected but installments are not so long as a lump sum option is available. After amending the plan, do the participants who are already receiving installment payments continue to do so or because installments will be eliminated should new distribution paperwork be sent to them?

Thank you

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