Jump to content

Recommended Posts

Posted

What are the consequences if a Gov. 401(a) plan has only partial lump sum and installments as distribution options for terminated employees? I assume no ability to roll their account balance out of the plan? Thanks! 

Posted

Annuity payments over life or life expectancy are not R/O eligible, nor are installments over a period exceeding 10 years (don't remember if 10 is the under or over cutoff). Any portion that is a RMD is also not R/O eligible, and there are a few other exclusions - but an ad hoc partial LS or installments over 5 years for example would be R/O eligible.

Kenneth M. Prell, CEBS, ERPA

Vice President, BPAS Actuarial & Pension Services

kprell@bpas.com

Posted
32 minutes ago, CuseFan said:

 ... but an ad hoc partial LS or installments over 5 years for example would be R/O eligible.

Probably.  If this is a real question, the plan sponsor might be smart to get an opinion from its benefits counsel.

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

Posted

I guess what I was questioning is that there will be no ability for a rollover of the entire account balance? Just period rollovers of certain partial payments or installments of less than 10 years?

Posted

Some of us remember when many retirement plans, of nongovernmental employers too, and not only defined-benefit pensions but also individual-account (defined-contribution) plans, were designed so no form of benefit would be what now we call an eligible rollover distribution. Under some plans, the only forms of benefit were life-contingent annuities. Under a few, there was no choice at all.

Peter Gulia PC

Fiduciary Guidance Counsel

Philadelphia, Pennsylvania

215-732-1552

Peter@FiduciaryGuidanceCounsel.com

Posted

So possibly the current recordkeeper set the plan up this way on purpose to force annuity payouts. We are taking this plan over, and I just noticed this unusual provision.

Thanks!

Posted

While that’s possible, don’t assume the plan’s design was the predecessor recordkeeper’s doing.

Plan design is the plan sponsor’s choice.

If you have doubts about whether the plan’s design is truly what the sponsor intends or desires, consider asking the government agency or instrumentality that administers the plan.

Peter Gulia PC

Fiduciary Guidance Counsel

Philadelphia, Pennsylvania

215-732-1552

Peter@FiduciaryGuidanceCounsel.com

Posted

What Government.  If it's the Federal Government it would be a Thrift Savings Plan that is similar to but not a 401(k).  TSP was created pursuant to 5 U.S. Code § 8437 and 5 U.S. Code § 8351 and subject to 5 CFR Part 1601. 

So it must one of thousands of State, County, or Municipal 401(k) plans.  It seems unlikely that a 401(k) plan that can be distributed in a lump sum is not able to be rolled over to an IRA or other eligible retirement account.  I would bet that it could be rolled over to a former spouse pursuant to a QDRO.  So the answer must be found in the underlying plan documents.  But who knows what Secure 2.0 has wrought.

I see nothing a thttps://www.irs.gov/retirement-plans/plan-participant-employee/rollovers-of-retirement-plan-and-ira-distributions  that suggests that a rollover is not possible. Take a look at the "Rollover Chart". 

And see  https://www.irs.gov/taxtopics/tc413

If you have some documentation from the plan in question that limits the ability to implement a rollover (unless it's because the balance is under $7,000) post it here. 

What is your relationship to this matter.  Are you the participant or the Participant's lawyer or financial advisor or accountant?  

David

Posted

By governmental I do not mean the federal government. It is a healthcare plan funded/controlled by the local state municipality. It is not 501(c)(3) - they have a 401(a) plan and a governmental 457b plan. The 401a allows partial lump sum and installments, but not lump sum. I just thought that was strange. They are deconverting to the recordkeeper I work for. That's all really,

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 account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Terms of Use