[Official Guidance]

Text of IRS Notice 2015-49: Use of Lump Sum Payments to Replace Lifetime Income Being Received By Retirees Under Defined Benefit Pension Plans (PDF)
4 pages. "This notice informs taxpayers that the Treasury Department and the IRS intend to amend the required minimum distribution regulations under Section 401(a)(9) of the Internal Revenue Code to address the use of lump sum payments to replace annuity payments being paid by a qualified defined benefit pension plan. The regulations, as amended, will provide that qualified defined benefit plans generally are not permitted to replace any joint and survivor, single life, or other annuity currently being paid with a lump sum payment or other accelerated form of distribution. The Treasury Department and the IRS intend that these amendments to the regulations will apply as of July 9, 2015, except with respect to certain accelerations of annuity payments described in section IV of this notice.

The Treasury Department and the IRS intend that the amendments to the regulations under Section 1.401(a)(9)-6 described in this notice will apply as of July 9, 2015. However, the Treasury Department and the IRS anticipate that the amendments to the regulations will not apply to an acceleration of ongoing annuity payments that is in association with a plan amendment specifically providing for implementation of a lump sum risk-transferring program: [1] adopted (or specifically authorized by a board, committee, or similar body with authority to amend the plan) prior to July 9, 2015; [2] with respect to which a private letter ruling or determination letter was issued by the IRS prior to July 9, 2015; [3] with respect to which a written communication to affected plan participants stating an explicit and definite intent to implement the lump sum risk-transferring program was received by those participants prior to July 9, 2015; or [4] adopted pursuant to an agreement between the plan sponsor and an employee representative (with which the plan sponsor has entered into a collective bargaining agreement) specifically authorizing implementation of such a program that was entered into and was binding prior to July 9, 2015." (Internal Revenue Service [IRS])