412(i) plan termination

[jkharvey]

I know nothing about 412(i) plans except that they are in fact a DB plan. The plan terminates and wants to roll the $$ into a 401k plan. Can the assets from the 412(i) plan be retitled or do they have to be cashed out and then cash rolled into the 401k?

[Jim Norman]

I know nothing about 412(i) plans except that they are in fact a DB plan. The plan terminates and wants to roll the $$ into a 401k plan. Can the assets from the 412(i) plan be retitled or do they have to be cashed out and then cash rolled into the 401k?

Insufficient data. Is the 412(i) qualified - or is it in trouble with the IRS under the 412(i) audit initiative? If qualification is at risk, don't roll to the (k) plan.

What "assets" are being distributed? Life insurance? Annuity contract? If insurance, does the (k) plan allow for insurance? Will the (k) plan be able to meet the ongoing premium payments within the incidental limits? Does the client want the life insurance? How are life insurance policies being valued for distribution? Must be at fair market value (not necessarily cash surrender value). See IRS Rev Proc 2005-25.

If the 412(i) can in any way be considered abusive by the IRS, should recommend client review with legal counsel familiar with the IRS 412(i) audit program before plan termination and any rollover.