Category Archives: Distributions

20 Questions on Terminations, Partial Terminations and Severance from Employment

Posted on August 24, 2011 by Administrator

How much do you know about terminations, partial terminations and severance from employment? Here is your chance to find out! Test your knowledge of IRS guidance on terminations, partial terminations and severance from employment by playing 20 Questions on Terminations, … Continue reading →

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IRS Updates FAQ on Hardship Distributions

Posted on August 11, 2011 by Administrator

The IRS has posted a new FAQ on hardship distributions. It includes a handy list of items which plan administrators should follow when processing a hardship distribution. It starts with this reminder: A plan may only make a hardship distribution: … Continue reading →

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Rapid Fire Required Minimum Distribution Guidance for 2008 and 2009

Posted on January 12, 2009 by Administrator

Late in 2008, when the Worker, Retiree, and Employer Recovery Act of 2008 (WRERA) was signed into law, one of the provisions it contained was a waiver of Required Minimum Distributions (RMDs) for 2009 (not for 2008) for retirement plans … Continue reading →

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Required Minimum Distribution Relief for 2009 Clarified

Posted on December 22, 2008 by Administrator

The Dept. of Treasury has informed Congress that the IRS has determined that any further change to the required minimum distribution rules should not be undertaken. This surprising news was contained in a letter sent by the Assistant Secetary for … Continue reading →

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IRS Debunks Another 401(k) Urban Myth in New Guidance on Rollovers as Business Startups

Posted on November 12, 2008 by Administrator

ROBS, or Rollovers as Business Startups, have been bouncing around the employee plans arena for a couple of years. I first hear an IRS official mention ROBS during the 2006 Cincinnati Benefit Conference as part of the presentation on tax … Continue reading →

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9th Circuit Decides QJSA Tug of War in Favor of Spouse at Time of Retirement

Posted on September 18, 2008 by Administrator

“This case requires us to once again navigate the complex statutory scheme set out in the Employee Retirement Income Security Act of 1974….” – Judge Clifton, 9th Circuit Court of Appeals Yesterday, the 9th Circuit Court of Appeals decided whether … Continue reading →

Posted in Distributions, Domestic Relations Order, ERISA, Litigation | 3 Comments

Working Retirement and Justice Scalia

Posted on April 29, 2008 by Administrator

Justice Scalia, on 60 Minutes this last Sunday, mentioned that his original plan when he was appointed to the Supreme Court had been to retire from the Court at age 65 because justices can retire from the Court at age … Continue reading →

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Rollovers to NonSpouse Beneficiaries Are Back With Passage of H.R. 3361 But For 2009 Instead of 2008

Posted on March 18, 2008 by Administrator

A little over a year ago, I started this blog to keep track of my notes about the Pension Protection Act. One of my first posts was about rollovers to nonspouse beneficiaries. One year and 126,210 visitors later, rollovers to … Continue reading →

Posted in Distributions, IRS, Legislation, Nonspouse Beneficiary | 1 Comment

IRS Provides Guidance on Qualified Optional Survivor Annuities (QOSAs)

Posted on March 5, 2008 by Administrator

Today, among several items released by the IRS, is guidance on QOSAs. QOSAs are Qualified Optional Survivor Annuities. Section 1004 of the Pension Protection Act amended Code section 417 to require that plans subject to Code section 401(a)(11) must offer … Continue reading →

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Prenuptial Agreement Not Effective for Waiving Benefits Where Participant Dies Before Filing for Divorce

Posted on December 11, 2007 by Administrator

When a participant dies before filing for legal separation or divorce from their spouse, who is entitled to the participant’s benefits under the plan? The Sixth Circuit Court of Appeals recently addressed this situation in Greenebaum Doll v. Sandler, Nos. … Continue reading →

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