Gibson
Jun 21 2001, 12:37 PM
Can a money purchase pension plan permit in service withdrawals after the attainment of the plan's normal retirement age? Isn't there a revenue ruling that discusses this?
KJohnson
Jun 21 2001, 03:44 PM
Yes, I believe that the consensus is that such distributions would be allowed after NRD.
Don't have a cite handy.
However, you can look to the fact that the IRS specifically allowed all Plans to keep mandatory distribuitons to currently employed partcicipants (non-5% owners) who reached age 70 1/2 even though those distributions are no longer mandatory. In essence, allowing a Plan to "mandate" in-service distributions.
You may want to look at this link:
http://www.benefitslink.com/boards/index.php?showtopic=7054
Appleby
Jun 22 2001, 05:07 PM
By definition, an in-service withdrawal is one that is taken when there are no triggering events. Attaining retirement age as stated in the plan, is a triggering event. A distribution upon attaining retirement age is not considered an in-service withdrawal and is therefore permissible in an MPPP.
pax
Jun 23 2001, 11:19 AM
Clarification:
"A distribution upon attaining retirement age is not considered an in-service withdrawal and is therefore permissible in an MPPP. "
That should be Normal retirement age, as defined in the plan.
KJohnson
Jun 23 2001, 11:28 AM
Also, be sure to check your document. Many condition the benefit on actual retirement and not merely attaining NRA. Also, I have seen a number of MPP prototypes that do not even provide an option for in-service distributions after NRA so you may have to restate to one that does, or go the individually designed route.
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