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Posted

If the plan allows for Corona Virus distributions.  Can they limit the distribution to be from only sources that are fully vested?

Thanks!

  • 1 month later...
Posted

Just out of curiosity, is anyone familiar with a plan that has ever made any type of distribution of an unvested amount on purpose?

Luke Bailey

Senior Counsel

Clark Hill PLC

214-651-4572 (O) | LBailey@clarkhill.com

2600 Dallas Parkway Suite 600

Frisco, TX 75034

Posted
4 hours ago, Luke Bailey said:

Just out of curiosity, is anyone familiar with a plan that has ever made any type of distribution of an unvested amount on purpose?

That wasn't what was being discussed. If the subaccount is less than 100% vested the only amounts includable in the calc are the vested amounts.  Nobody includes unvested amounts on purpose.

Posted
On ‎5‎/‎15‎/‎2020 at 7:37 PM, Mike Preston said:

That wasn't what was being discussed. If the subaccount is less than 100% vested the only amounts includable in the calc are the vested amounts.  Nobody includes unvested amounts on purpose.

OK. Thanks for the clarification, Mike. A lot of plans only have cash-out and buyback provisions, so in many cases you would need to add segregated account language and the reg. sec. 1.411(a)-7(d)(5) formula to handle, but could be done.

Luke Bailey

Senior Counsel

Clark Hill PLC

214-651-4572 (O) | LBailey@clarkhill.com

2600 Dallas Parkway Suite 600

Frisco, TX 75034

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