The notice and consent typically do not appy if a participant's vested balance in under $5,000. However Treas. Reg 1.411(a)-11©(3) and 1.417(e)-a(B)(2)(i) specifies that if a participant took a partial distribution when the vested balance was over $5,000 his vested benefit is deemed to exceed %5,000 for all future distributions to determine whether the notice and consent requirements apply.
I've recently seen regulations that propose to eliminate this 'lookback' process. Have these regs been passed?