Guest Benefitsrock Posted June 14, 2010 Posted June 14, 2010 Our ESOP makes distributions in a single sum, but we want to change to installments. An exception under the regulations allows an ESOP to eliminate a single sum with respect to benefits subject to 409(h)(1)(B)... My concern is that 409(h)(1)(B) suggests that the plan must make distributions in stock (not cash) in order to be able to rely on the exception in the regulations. Our plan makes distributions in cash, not stock. Should I not read this literally so I can use the exception under the regulations to be able to make distributions in installments rather than a single sum? Any thoughts would be greatly appreciated!
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