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Posted

i do not have 415 mastery on my bucket list so please

forgive my ignorance in asking this question..

suppose participant retires under 100% comp limit in year x and

plan contains 415(d) cola adj language for years after

termination(x+1,x+2,etc.). if plan is subsequently terminated in say year

x+3 and the participant with spousal consent now elects lump sum.

Must the lump sum be based on the comp limit back in year

x or can it be based on the adjusted limit?

Posted

I believe this depends on whether 100% of average comp is less than 401(a)(17) average. E.g., if average comp equals $60,000, you get a different answer than if comp each year prior to application of 401(a)(17) is $500,000.

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.

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