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Two different cashout limits under plan - how apply?


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Guest TaxedToDeath
Posted

Is it possible to have two different cashout limits under a plan? For example, a $5,000 cashout limit applicable to benefits accrued before 1/1/2012, and a $1,000 cashout limit applicable to benefits accrued after 12/31/2011? Is it permissible to bifurcate a participant's accrued benefit in this manner for this purpose? If so, how would this be applied in practice? Suppose a participant has an accrued benefit of $6,999, $6,000 of which was accrued before 1/1/2012 and $999 of which was accrued after 12/31/2011. Can the $999 attributable to the benefits accrued after 12/31/2011 be cashed out, even though the participant's total accrued benefit of $6,999 exceeds the cashout limit?

Posted
Can the $999 attributable to the benefits accrued after 12/31/2011 be cashed out, even though the participant's total accrued benefit of $6,999 exceeds the cashout limit?

If you mean "involuntarily cashed out", the answer is no.

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

Guest TaxedToDeath
Posted
If you mean "involuntarily cashed out", the answer is no.

Thanks, David. By any chance would you have a citation for the applicable authority?

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