NRA <65

[Belgarath]

The new IRS regulations provide that 62 is a safe harbor, and between 55 and 62 will depend upon reasonable facts and circumstances determination for that particular industry.

If a plan’s normal retirement age is

earlier than age 62, the determination of

whether the age is not earlier than the

earliest age that is reasonably

representative of the typical retirement

age for the industry in which the

covered workforce is employed is based

on all of the relevant facts and

circumstances. If the normal retirement

age is between ages 55 and 62, then it

is generally expected that a good faith

determination of the typical retirement

age for the industry in which the

covered workforce is employed that is

made by the employer (or, in the case

of a multiemployer plan, made by the

trustees) will be given deference,

assuming that the determination is

reasonable under the facts and

circumstances.

My question is this: does anyone know of a DOL or IRS database, etc., that gives statistics for the normal retirement age for various professions/industries? What evidence wil the IRS accept as "reasonable" to prove this? Anyone have any other information on this? I've seen no additional comments from IRS personnel, and our EA was at the ASPPA conference in Boston last week, and this apparently wasn't addressed, or at least not at any session she attended. Thanks.

[Guest mjb]

Its facts and circumstances depending on the industry, e.g nra for major league baseball players is 45. Auto workers collect full benefits after 30 yrs of service regardless of age. There is no published data base that I am aware of. Maybe the DOL has statistics on working careers of different professions.

[BTG]

Along these same lines, has anyone seen any guidance regarding how to determine the parameters of the "industry in which the covered workforce is employed?" i.e., must an employer examine the industry on a national level? Can the employer narrow the scope of the "industry" to that industry in its home state?