amboyd
Mar 27 2003, 06:32 PM
Can an ESOP provide for in-service distributions upon attainment of age 59 1/2? If so, must the in-service distribution section be drafted to comply with 409(d) of the Code (i.e. age 59 1/2 with account balance credited for at least 84 months).
RLL
Mar 27 2003, 07:14 PM
amboyd ---
An ESOP may provide for in-service distributions upon attainment of age 59-1/2. Only tax credit ESOPs (TRASOPs and PAYSOPs) must comply with the 84-month rule.
amboyd
Mar 28 2003, 10:59 AM
Why is this not a common provision in ESOPs?
RLL
Mar 28 2003, 12:05 PM
In a closely-held company ESOP, such a provision would accelerate the repurchase obligation.
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