Guest Sabadee! Posted July 2, 2008 Posted July 2, 2008 DB Plan... Is there a regulation that prohibits a plan from allowing a participant in pay status from changing their election after it has begun? Specifically, could the plan offer the option to annuitants to "cash out" after they had already started receiving annuity payments?
david rigby Posted July 3, 2008 Posted July 3, 2008 Don't know if any reg addresses this, but check regs under IRC 401(a)(9). There has probably been a prior discussion on these Message Boards, so try the Search feature. More generally, most plans will state (sometimes indirectly) that a payment form cannot change once it has begun. I've seen some plans amended to add this feature, but it is extremely(!) rare, and must be done on a non-discriminatory basis. Note that the use of such feature is voluntary by the participant, not decided by the plan administrator. Spouse signoff is also advised. 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.
Guest Sabadee! Posted July 3, 2008 Posted July 3, 2008 Thank you for the response. I searched through the regs and couldn't find anything prohibiting it, but for the few that might cash-out it seems like a lot of hassle. The client's intial hope was to apply this to those whose future values were less than $5,000 without consent. I agree that the consent would be needed.
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now