s2mone Posted February 11, 2019 Posted February 11, 2019 Current plan document allows for in-service distribution for participants who are over 59.5 and employed for 5 years. The withdrawal is restricted to once a year. The client wants to amend the plan to allow multiple (periodic) payments of in-service distribution for participants who are over 70.5 and leave the restriction for once a year for participant who is 59.5. is this allowed?
Luke Bailey Posted February 11, 2019 Posted February 11, 2019 I know of no reason why that would not be possible. I think I am aware of many plans that have similar provisions. What you are trying to do, I think, is limit RMDs to the minimum amount, so you are agreeing to more administrative complexity for those. Luke Bailey Senior Counsel Clark Hill PLC 214-651-4572 (O) | LBailey@clarkhill.com 2600 Dallas Parkway Suite 600 Frisco, TX 75034
chc93 Posted February 12, 2019 Posted February 12, 2019 Maybe ask these over 70.5 participants to take the total of what they want in-service for the year, roll over to IRA, and take their "in-service distributions" from there. Then a single distribution each year. Or even deposit to savings/checking account, but have to withhold 20% taxes for the single distribution at that time... but have to pay taxes anyway. Might minimize administrative work...
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