ISW provision required to take more than RMD?

[Guest Connie H]

Must the plan offer an in-service withdrawal provision in order for a participant to take distribution of more than their required minimum? Sounds logical that the answer would be yes, but I can't find any citing regs.

[Guest Sieve]

Well, there is the ERISA provision that says a fiduciary must "discharge his duties . . . in accordance with the documents and instruments governing the plan . . ." (ERISA Section 404(a)(1)(D)), and the IRS position that failing to comply with the plan document's provisions will disqualify the plan (unless corrected).

A plan may not make an in-service distribution except as permitted by law (only at normal retirement age for a pension plan, for example) and only if provided in the plan document. Otherwise, you would be violating the law and not following the terms of the plan document.