Peter Gulia Posted November 15, 2022 Posted November 15, 2022 If a § 401(k), § 403(b), or governmental § 457(b) plan’s sponsor or administrator removes from the plan’s investment alternatives a lifetime-income investment (which might include an annuity contract with guaranteed-lifetime-withdrawal-benefit provisions), an exception from the usual restrictions against a distribution before severance-from-employment or age 59½ allows a limited distribution to remove from the plan the annuity contracts. This could include delivering to a participant a qualified plan distribution annuity contract. Internal Revenue Code §§ 401(a)(38), 401(k)(2)(B)(i)(VI), 403(b)(11)(D), 457(d)(1)(A)(iv). Has anyone done this? Did you have a good experience, or a bad time? Did the insurance company cooperate? What difficulties did you encounter? What cautions and pointers would you suggest to someone now planning a project? (Please don’t misunderstand my query as suggesting any view for or against any insurance or investment product. Rather, I seek help about how a practitioner might guide a plan sponsor that has already decided to remove lifetime-income investments.) Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com
Peter Gulia Posted November 16, 2022 Author Posted November 16, 2022 In 2019, the pitch for adding SECURE’s portability provision was that plans’ sponsors and fiduciaries might be less fearful of trying a lifetime-income investment alternative if one knew there is a way out. Now, almost three years later, has anyone tested whether the out practically works? Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com
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