Message Boards Digest

August 2, 2022

Here are the most recently added topics on the BenefitsLink Message Boards:

Christine Roberts created a topic in IRAs and Roth IRAs

Spousal Election/Rollover under Proposed Regulations for RMDs/Rollovers

"If I am reading the new proposed regulations for required minimum distributions correctly, the rules for the spousal election/spousal rollover (to treat a deceased spouse's IRA as the surviving spouse's own account) are quite different than under the prior regime, and much more restrictive. Under the prior regime there was no deadline for the spousal election/rollover, and under the new regime the election (the proposed regulations use that term) must be made by the later of (i) the end of the calendar year in which the surviving spouse reaches age 72, or (ii) the end of the calendar year following the calendar year of the IRA account holder's death. Also under the old regime if the IRA account holder designated a trust or their estate as the IRA beneficiary it was still possible for the spousal election to be made 'through' the trust or estate provided that the surviving spouse had dole dominion over the IRA asset under the terms of the trust or as executor of the estate. But per Proposed Treas. Reg. Section 1.508-8(c)((1)(iii) that would no longer appear to be the case -- the cited provisions states:

'In order to make the election described in this paragraph (c)(1), the surviving spouse must be the sole beneficiary of the IRA and have an unlimited right to withdraw amounts from the IRA. If a trust is named as beneficiary of the IRA, this requirement is not satisfied even if the surviving spouse is the sole beneficiary of the trust.'

Nothing is said about an estate being designated as beneficiary but it would appear that the election opportunity would be lost in that instance, as well. The ability to make the election by not taking an RMD when required, or by making a contribution to the IRA, is preserved, in addition to the more conventional way of making the election, by re-designating the account, but the deadline would apply regardless of how the election is made."

No replies yet   |    Click Here to Add a Reply

Here are the most recently posted jobs on, a service of BenefitsLink:

View job as Attorney - Qualified Retirement Plans

Attorney - Qualified Retirement Plans  View details

Trucker Huss, A Professional Corporation
Remote / San Francisco CA / Los Angeles CA

View job as TPA Consultant

TPA Consultant  View details

USI Consulting Group
Remote / Glastonbury CT / Knoxville TN / Charlotte NC / Fort Lauderdale FL / Knoxville TN / Louisville KY / Minneapolis MN / Brentwood TN / Orlando FL / Southfield MI / Tampa FL / IL / IN / WV

View job as Regional VP of Sales

Regional VP of Sales  View details

The Retirement Plan Company
Remote / AZ / CA / CO / MN / MO / OR / WA

View job as Director of Member Services, Member/ Employer Experience

Director of Member Services, Member/ Employer Experience  View details

Orange County Employees Retirement System
Santa Ana CA

View job as Benefits Analyst

Benefits Analyst  View details

Orange County Employees Retirement System
Santa Ana CA

►View More Jobs

►Post a Job

►Get Instant Job Alerts, Inc.
56 Creeksong Road
Whittier NC 28789
(407) 644-4146

Lois Baker, J.D., President
David Rhett Baker, J.D., Editor and Publisher
Holly Horton, Business Manager

Copyright 2022, Inc. All materials contained in this mailing are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.

Links to web sites other than and are offered as a service to our readers; we were not involved in their production and are not responsible for their content.

Unsubscribe | Privacy Policy