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Cash-out rules


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Guest Patkelley007
Posted

A DC plan has adopted cash-out forfeiture provisions, and as required the plan allows repayment of distributions to restore forfeited benefits.

The question is, upon re-hire, is any notice required to be provided to the employee about their ability to buy-back the forfeited benefit by repaying the cash-out distribution? The regs at 1.411(a)-7(d) do not contain a notice requirement, and I've checked a few reference manuals that do not speak to any required notice. However, I'm working with an accountant who believes a notice is required. SUch a notice would seem fair (especially since this is not described well in the SPD).

If anyone is aware of any authorities regarding participant notices in this situation, I would appreciate any information you can provide. Thanks.

Guest Pensions in Paradise
Posted

No notice is required. If the accountant feels otherwise, have him/her provide you with a cite.

Of course, there is nothing to prevent you from providing such a notice if you so desire.

Posted
Of course, there is nothing to prevent you from providing such a notice if you so desire.

... providing the plan administrator does so on a non-discriminatory basis.

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

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