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Cash balance plan with owner/spouse as sole participants; must be 100% funded to take a distribution?

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Reg. 1.401(a)(4)-5(b)(3). I did not see any such exemption listed.

However, see the language in (b)(1), which refers to "...discriminating significantly in favor of HCEs...". For that matter, see the language at the beginning of the (a)(4) reg and IRC 401(a)(4) itself. All of (a)(4) is concerned with HCEs vs NHCEs. If a plan covers only one of those categories, does that mean there is no discrimination? Perhaps this topic is addressed in writing somewhere else (it's not in the Gray Book), but this seems like a regulation that does not apply to the plan described in the original post.

I stand ready to read/consider other information.

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.

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