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Posted

I have a participant who would like to receive a lump sum distribution, but the plan's AFTAP is below 80% (it's also below 60%). If, after the participant begin receiving an annuity, the AFTAP increases, can she elect to receive the remainder as a lump sum?

Thanks!

Posted

What does the Plan document provide?

The material provided and the opinions expressed in this post are for general informational purposes only and should not be used or relied upon as the basis for any action or inaction. You should obtain appropriate tax, legal, or other professional advice.

Posted

There are two things here.

1) As, Andy mentioned, the plan can provide that upon the date the limitation ceases to apply to the plan, the participant can receive the reamining portion of their benefit in the original (restricted) form elected, so you need to verify what the plan says; and

2) The participant must elect a lump sum, have it restricted and choose another form of payment in the meantime.

The actual election of a lump sum is important here.

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