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Posted

The only form of distribution for a plan is a lump-sum distribution. Plan also allows in-service withdrawals at age 59 1/2. Does the participant have to take a total distribution if he wants an in-service since the plan does not allow for partial withdrawals?

Thank you.

Kate Smith

Guest Kabert
Posted

I think it'd be very odd to allow 59-1/2 distributions (in-service) but to require that they only be total distributions. I've never seen a plan operate that way -- it seems counter to the purpose of in-service distributions.

In any case, I agree the first place to start is the plan document and the SPD terms. For a close second, I'd look to what has been permitted as past-practice.

If no one's ever taken an in-service distribution before, I'd consider whether the plan's discussion of "only lump sums" is really focused on distributions on retirement or termination of employment, and that in-service distributions are really a separate category.

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