In Service Withdrawals of Rollover contributions

[30Rock]

I have a plan where the current document allows for withdrawals of rollover monies at any time. Client wants to eliminate all in service distributions.

I realize that this is a protected benefit but am confused on how to protect it - do I protect the right to in service withdrawals or rollovers for all participants, even if they have never rolled money in, if so this means that I can really only eliminate the right for new hires after the date of the restatement?

[J Simmons]

I have a plan where the current document allows for withdrawals of rollover monies at any time. Client wants to eliminate all in service distributions.

I realize that this is a protected benefit but am confused on how to protect it - do I protect the right to in service withdrawals or rollovers for all participants, even if they have never rolled money in, if so this means that I can really only eliminate the right for new hires after the date of the restatement?

I think you can eliminate the subsequent in-service withdrawal option as to rollovers of all benefits to be rolled into the plan after you make the amendment. The in-service withdrawal BRF has not yet attached to such amounts, even as to amounts that current participants have yet to roll into the plan.

If there has been preponderance of HCEs just roll benefits into the plan (while the BRF attaches to those rolled-in benefits), and now you stop it, the timing might be discriminatory. Treas Reg 1.401(a)(4)-5.