in-service withdrawal from PS plan with integrated formula

[AKconsult]

A local benefits attorney is telling me that the in-service withdrawal option for a profit sharing account is not available if the plan uses an integrated formula for the profit sharing. Is anyone familiar with this rule? I don't know what he is referring to.

Thanks!

[TPAMan]

I, for one, would be curious as to what code/reg the attorney is citing lest I consider him/her credibly uninformed.

[ETA Consulting LLC]

A local benefits attorney is telling me that the in-service withdrawal option for a profit sharing account is not available if the plan uses an integrated formula for the profit sharing. Is anyone familiar with this rule? I don't know what he is referring to.

Thanks!

No such rule exists. One has nothing to do with the other. I'd ask them to provide a regulatory cite.

Good Luck!

[AKconsult]

I found the answer to this. Apparently there was a restriction on in-svc withdrawals for plans with permitted disparity if the participant had also at one time benefited under a DB or target plan. This is cited in Rev Ruling 71-446. However, the permited disparity regulations eliminated this restriction.