Death Benefit of Main HCE

[abanky]

at 12/31/2008, the plan was 90% funded.

The owner passed this week. In terms of pvab, his lump sum payment would have left the plan with zero in the plan. The plan allows lump sums to the spouse. He was at NRA. Can his spouse take the qjsa until there is enough money to pay out a lump sum? or must she continue the qjsa until her death or plan termination? Also, she is also a participant in the plan not at NRA.

Side question, assume the same thing as above, but the owner was taking RMDs. How would that be handled?

[Andy the Actuary]

Seems as if the solution may be to terminate the plan. Else, would be caught by the 401(a)(4) 110% restriction.