QOSA Rules Applicable to DC Plans?

[Guest Grumpy456]

Company A merges its MPPP into its P/S plan. The MPPP money is subject to the QJSA rules. Does the P/S plan have to be amended to comply with the QOSA rules?

[Belgarath]

Yup.

[PLAN MAN]

What about a PS plan (without the MPP money) that provides for a QJSA of 50% as it normal form of distribution? Must this plan also provide for a QOSA of 75%?

[Blinky the 3-eyed Fish]

Read Notice 2008-30. Of course you seemingly could just remove the J&S optional forms.

[PLAN MAN]

Thanks, we'll review and discuss.

[PJ2009]

Thanks, we'll review and discuss.

I don't suppose anybody has sample language that they could share? We are in the same boat - amending and restating a former MPP that retained the J&S rules for all participants and all monies for ease of administration. Unfortunately, the LRMs are not helpful because they are from 2005.

Also, is this amendment required in the EGTRRA restatement? Could we wait until the PPA amendments are due? The plan is quite active and not terminating.