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Guest EdShill
Posted

Following the MDIB table in §1.401(a)(9)-6, Q&A-2©, the example states that the adjusted age difference is 25 years and the applicable percentage is 64%. However, the final sentence says that the benefit fails because it provides more than 66% of the retiree's monthly payment. I think that it fails because it provides more than 64%. I think the 66% appeared in the original 6/15/2004 Regulation when the example stated that the adjusted age difference was 25 years, that the language of the example was changed in the 11/23/2004 "correction" to indicate that the adjusted age difference was 26 years with a 64% limit, but that the "correction" failed to carry through and change the last sentence's reference from 66% to 65%. Has anyone considered this?

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