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Posted

Since not a 401k/DC person, based on a conversation with another person who made me doubt myself.

For a brand new 401k plan that did not include in-service initially, is it a legal requirement that the plan must provide in-service distribution option at one point, ever?

After age 59 1/2 or after NRA?

QKA, QKC, QPA, CBS - I used to be indecisive about pensions but now I am not so sure

Posted

Internal Revenue Code of 1986 (26 U.S.C.) § 401(a)(14):

A trust shall not constitute a qualified trust under this section unless the plan of which such trust is a part provides that, unless the participant otherwise elects, the payment of benefits under the plan to the participant will begin not later than the 60th day after the latest of the close of the plan year in which—

(A) the date on which the participant attains the earlier of age 65 or the normal retirement age specified under the plan,

(B) occurs the 10th anniversary of the year in which the participant commenced participation in the plan, or

(C) the participant terminates his service with the employer.

ERISA’s title I has somewhat different, but related, provisions.

Peter Gulia PC

Fiduciary Guidance Counsel

Philadelphia, Pennsylvania

215-732-1552

Peter@FiduciaryGuidanceCounsel.com

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