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New post death payout -Effective date (post Secure Act)


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What is the effective date for the new post-death payout rules for 403(b) and 457 plans? 

The Secure Act reference's gov't plans have a delayed effective date of 1/1/22 - but I've seen this (delay) date applies to Section 414(d) plans and 403b/457 plans

Which is correct?

Also, assume the delay applies to 403(b) plans - I would venture it only applies to gov't sponsored 403(b) plans (i.e. school districts?)

Thank you 

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It applies to any defined contribution 414(d) plan, so would include 401(a) (including grandfathered 401(k)), 403(b), and 457(b), as long as DC and governmental under 414(d). See Secure Act Section 404.

Luke Bailey

Senior Counsel

Clark Hill PLC

214-651-4572 (O) | LBailey@clarkhill.com

2600 Dallas Parkway Suite 600

Frisco, TX 75034

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