Distribution at NRA

[Guest dott]

Participant has reached NRA (65). Participant is still an active employee and wishes to take an in-service withdrawal. Is this participant entitled to take a distribution even if the plan document does not have an in-service withdrawal provision?

[david rigby]

Follow the plan document.

BTW, the plan sponsor (or whoever has the appropriate authority) can amend the plan to add this provision.

[ACox]

Participant has reached NRA (65). Participant is still an active employee and wishes to take an in-service withdrawal. Is this participant entitled to take a distribution even if the plan document does not have an in-service withdrawal provision?

Look at the Retirement Distribution section of your document. Some documents have a provision in that section that states that a participant can take a distribution after reaching NRA and while still working.

[Guest dott]

Are you saying that the document would control here? The question was if NRA would allow the in-service withdrawal or if the document must have the provision to be allowed?

[BG5150]

It's not automaic. The document must allow for the in-service withdrwal.

[david rigby]

Are you saying that the document would control here?

Yes, that's why a document must be in writing. If the sponsor wants to do something different, the document must first be amended. All documents have a procedure (or general outline) of how to amend, and who has authority.