Cashout after BCD

[Guest Spock]

The preamble to 409A permits a plan to distribute the lump sum value of a non-qualified plan benefit if the PV is less than the 402(g) limit, even if the benefit has already commenced as an annuity. When we restated our plan to comply with the final 409A rules we incorporated this option. However, we never created the methodology to use calculate PV, post benefit commencement.

Our qualified plan contains a lump sum option and explains the calculation methodology. I'm thinking the simplest option would be to follow the same methodology, without regard to the aggregate value of prior monthly distributions.

This situation arose because employees did not make 409A elections and defaulted to the J&S annuity option, and because the interest rate we use, the 30-Year T-bill rate, jumped from 2.87% in December 2008 to 4.49% in December 2009.

I invite comments from the community.

LL&P.

[XTitan]

Sounds logical (couldn't resist). If the plan is amended to include this discetionary cashout (include plans it would be aggregated with), the regs seem to permit it. Notice 2008-115 gives some guidance for calculating the amount deferred for non-account balance plans.