CLE Pension Posted February 19, 2021 Posted February 19, 2021 Cash balance plan's normal form is an annuity, but for the in-service distribution provision, the plan document specifically states it can only be taken as a lump sum (makes perfect sense). That said, are you still required to display the various annuity amounts on election forms and include QJSA notice, etc.?
John Feldt ERPA CPC QPA Posted February 19, 2021 Posted February 19, 2021 You can’t elect a lump sum without waiving an annuity form of payment, one that would be payable now instead of the lump sum. So yes, you show the options and yes, offer the annuity. I’d check the document again on the forms actually available for payment. Luke Bailey 1
david rigby Posted February 19, 2021 Posted February 19, 2021 Just a hunch: this question is asked because prior situations have not done it correctly. Check EPCRS? Luke Bailey 1 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.
CLE Pension Posted February 19, 2021 Author Posted February 19, 2021 Thank you! That is what I understand as well, but was conflicted by the plan document stating it could only be take as a lump sum. And no, it has not been done incorrectly. It's actually a start-up plan that administration is setting up. I appreciate your input.
Effen Posted February 20, 2021 Posted February 20, 2021 Interesting. So you are saying other optional forms are available after separation from service, however, the only optional form available for an "in-service" distribution is a lump sum. I am not sure if that is kosher. Is this a volume submitter document? 1.417(e)-1(b) ... . A QJSA is an annuity that commences immediately. Thus, for example, a plan may not offer a participant separating from service at age 45 a choice only between a single sum distribution at separation of service and a joint and survivor annuity that satisfies all the requirements of a QJSA except that it commences at normal retirement age rather than immediately. To satisfy this section, the plan must also offer a QJSA (i.e., an annuity that satisfies all the requirements for a QJSA including the requirement that it commences immediately). I see this says "at separation of service", so maybe there is an exemption for "in-service". Possible, but not logical. CLE Pension 1 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.
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