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Posted

DBP participant has an annuity benefit that is less than his/her 415 limit but their lump sum exceeds the maximum allowable. Can the plan pay the maximum lump sum which, for example, converts to 90% of the accrued benefit using statutory assumptions and then pay the remaining 10% of accrued benefit as an annuity (assuming the plan document allows for bifurcated benefit distributions in general)?

Kenneth M. Prell, CEBS, ERPA

Vice President, BPAS Actuarial & Pension Services

kprell@bpas.com

Posted

No.  Receiving a lump sum equal to 100% of the maximum benefit uses up the maximum benefit.  There is nothing left in the maximum to be paid as an annuity.

  

The material provided and the opinions expressed in this post are for general informational purposes only and should not be used or relied upon as the basis for any action or inaction. You should obtain appropriate tax, legal, or other professional advice.

Posted

That was my thought but was having a "discussion" with actuary who thought otherwise and a colleague also officially broke the tie (in my favor - yay!), otherwise you could circumvent 415, especially for owner-only or owner-centric plans. Thanks

 

Kenneth M. Prell, CEBS, ERPA

Vice President, BPAS Actuarial & Pension Services

kprell@bpas.com

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