Post-retirement incidental death benefit

[Guest Edward McElroy]

May a defned benefit plan provide a post-retirement death benefit? A client maintains a plan that is overfunded. If the individual retires and begins to receive his retirement benefits from the trust, may the on-going plan provide a post-retirement incidental death benefit? Any comments. Thanks. Ed

[david rigby]

Seen it. done it. I think it is still OK. You are correct in stating "incidental".

[Alonzo]

Doing the post-retirement death benefit is fine. Check Prop. Reg. 1.401(a)(9)-2 to see if the death benefit is truly incidental. The 50% of the cost stuff is out of date.