"Internal Revenue Code of 1986 (26 U.S.C.) Section 401(a)(9)(C)(v) provides: '(I) In the case of an individual who attains age 72 after December 31, 2022, and age 73 before January 1, 2033, the applicable age is 73. (II) In the case of an individual who attains age 74 after December 31, 2032, the applicable age is 75.' This morning's notice of a final rule to interpret Section 401(a)(9) reserves how to interpret that ambiguity, and refers to this morning's notice of proposed rulemaking. Footnote 7 on page 58891, page 58911 (publishing to-be-codified 26 C.F.R. Section 1.401(a)(9)-2(b)(2)(v) [Reserved]). In that notice, the Treasury department proposes to set the applicable age for someone born in 1959 as 73. But the notice explains no reason for Treasury's choice of 73, rather than 75. BenefitsLink neighbors, if it were your job in the Treasury department to choose 73 or 75 (or something else) and to write a reasoning that explains your choice as the best interpretation of the statute, would you choose: 73? 75? 74? And, most important, why? If you could ground your choice on a canon of statutory construction, which would you use? And if not some legal-sounding reasoning, what explanation could you give that still respects the idea that the Treasury department must seek to give effect to Congress's intent?"

"Can anyone recommend a (paid) service for tracking down lost participants?"

"I know you can't have a plan w/o a sponsor, but does this also apply to partnership plan? Isn't sponsoring a retirement plan an organizational operation even if partnership dissolves? Partnership filed final return in 2019, plan still has money that has not as yet been allocated. All other funds have been rolled over. Investment broker has not provided any physical account statements, client does not seem to be on top of this. Investment broker moved companies, has not cared enough to check whether any accounts are still with the old firm. Filing Form 5500 under DFVC in the meantime; keeping fingers crossed no DOL letters. Is there some sort of penalty for not distributing assets upon plan termination? Should the termination resolution be rescinded?"

"Single member 401(k) plan participant dies suddenly (2023). A 2023 RMD was issued. Participant's wife is the sole beneficiary. All plan assets are rolled out of the plan in April 2024. For 2024 the deceased participant does not need to take an RMD.... right? BUT, if the spouse is RMD age, she needed to take an RMD.... again, right?"