Distribution from terminating 401(k)

[Guest babs51]

Have a terminating 401(k) plan. One distribution remains that is over $20K. No annuity options in plan. Implemented $1K threshold earlier in 2005. Due to plan term, can this payout be made as a lump sum distribution (not rollover) without participant's consent?

[Guest Boilerburm1]

I would think not. Proposed DOL Reg 2550.404a-3 would provide that you roll it over if you don't have participant's consent. I am not aware of anything that would allow you to distribute as cash without consent.

[QDROphile]

Treas. Reg. section 1.411(a)-11(e).