K2retire Posted January 28, 2010 Posted January 28, 2010 Perhaps because it's late in the day, or I'm having a senior moment, I'm doubting my memory. Plan has allowed in-service distribution of amounts rolled into the plan from other plans. They would now like to amend to remove that provision. Isn't that a protected benefit as to the rollover balances in the plan prior to the date of the amendment?
Guest Sieve Posted January 28, 2010 Posted January 28, 2010 Yes. But there's nothing I know which specifically names hardship distributions as protected.
K2retire Posted January 29, 2010 Author Posted January 29, 2010 Hardships are specifically exempted according to the ERISA Outline Book.
rcline46 Posted January 29, 2010 Posted January 29, 2010 This is not related to hardships. It is an in-service distribution, and the timing of a distribution is protected under 411. I think current amounts remain/keep the in-service option, only new amounts get restricted.
Guest Sieve Posted January 29, 2010 Posted January 29, 2010 Yes, K2, hardships may be eliminated (per Treas. Reg. Section 1.411(d)-4, Q&A-2(b)(2)(x)). I misled by referring to hardship distributions in my response--the OP referred to rollover distributions, not hardship distributions. (I've enrolled in a Reading Comprehension for Dummies course.)
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