AMDG Posted May 28, 2024 Posted May 28, 2024 Has anyone come across guidance regarding whether Code section 72(t)(2)(A)(v) applies to distributions made to rehired employees. Any guidance is greatly appreciated. TIA.
CuseFan Posted May 29, 2024 Posted May 29, 2024 If this person is re-employed then you need to follow the distribution rules as they apply to employed participants. If these are being reported with code 1 for premature that tells me the person is not over age 59 1/2 and these are now impermissible in-service distributions. If for some reason they are permissible then they are subject to the additional 10%. Luke Bailey and Lou S. 2 Kenneth M. Prell, CEBS, ERPA Vice President, BPAS Actuarial & Pension Services kprell@bpas.com
Bri Posted May 30, 2024 Posted May 30, 2024 If the employee had a legitimate termination of employment, took a withdrawal upon that distributable event in the year of age 55 or later, and then was later rehired, I would think the withdrawal still was exempt from the 10% because that's determined at the time of the withdrawal, no? Luke Bailey 1
Luke Bailey Posted May 31, 2024 Posted May 31, 2024 I agree with both CuseFan and Bri. Depends on the timing, i.e. was the individual rehired before or after the distribution. Luke Bailey Senior Counsel Clark Hill PLC 214-651-4572 (O) | LBailey@clarkhill.com 2600 Dallas Parkway Suite 600 Frisco, TX 75034
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now