Guest JPCMPLS Posted March 22, 2001 Posted March 22, 2001 Former employee receives an additional amount in error as part of a lump sum distribution. He is 54 years old and has retired. He rolls the lump sum to an IRA and begins to take "substantially equal payments" in 2001 to avoid the 72(t) early withdrawal penalty. The plan sponsor notifies him of the excess rollover amount and requests that he ask the custodian to make a corrective distribution. Employee and his accountant believe that they cannot make the withdrawal without it being treated as a modification of the 72(t) 5 year election. Anyone run into this? We can't find any IRS guidance.
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