Required Minimum Distributions. The entire interest of a Participant must be distributed or begin to be distributed no later than the Participant’s Required Beginning Date (as defined in Section 10.3(a)) over one of the following periods (or a combination thereof): (1) the life of the Participant, (2) the life of the Participant and a Designated Beneficiary, (3) a period certain not extending beyond the Life Expectancy of the Participant, or (4) a period certain not extending beyond the joint and last survivor Life Expectancy of the Participant and a Designated Beneficiary. If the Participant’s interest is to be distributed over a period designated under subsection (3) or (4) above, the amount required to be distributed for each calendar year must at least equal the quotient obtained by dividing the Participant’s Benefit (as determined under Section 10.3(g)) by the lesser of (i) the Applicable Life Expectancy or (ii) if the Participant’s Designated Beneficiary is not his/her spouse, the minimum distribution incidental benefit factor set forth in Q&A-4 of Prop. Treas. Reg. §401(a)(9)-2. Distributions after the death of the Participant shall be determined using the Applicable Life Expectancy as the relevant divisor regardless of the Participant’s Designated Beneficiary. The minimum distribution required for the Participant’s first Distribution Calendar Year must be made on or before the Participant’s Required Beginning Date. The minimum distribution for other Distribution Calendar Years, including the minimum distribution for the Distribution Calendar Year in which the Participant’s Required Beginning Date occurs, must be made on or before December 31 of that Distribution Calendar Year. If a Participant receives a distribution in the form of an annuity purchased from an insurance company, distributions thereunder shall be made in accordance with the requirements of Code §401(a)(9) and the regulations thereunder. For calendar years beginning before January 1, 1989, if the Participant’s spouse is not the Designated Beneficiary, the method of distribution selected must ensure that at least 50% of the Present Value of the amount available for distribution is paid within the life expectancy of the Participant.
Appears in 2 contracts
Samples: Defined Contribution Prototype Plan and Trust Agreement (Mercantile Bancorp, Inc.), Defined Contribution Plan and Trust (National Penn Bancshares Inc)
Required Minimum Distributions. The Notwithstanding anything in this Contract to the contrary, this Contract is subject to the "Required Minimum Distribution" rules of Sections 403(b) and 401(a)(9) of the Code, including the Treasury Regulations which apply. To the extent that any distribution options available to the Participant under this Contract conflict with the Code, the Code requirements prevail. Item A below, describes the Required Minimum Distribution payments to be made during the Participant's lifetime. Item B below, describes the Required Minimum Distribution payments to be made after the Participant's death, if the Participant dies before the Participant's entire interest of a under the Contract is distributed to the Participant. The Required Minimum Distribution rules may be satisfied by either taking an Annuity Benefit or by taking withdrawals at least annually from or with respect to the Participant's entire interest under the Contract, all as subject to these rules. If the Participant must chooses annual withdrawals, the Participant's annual Required Minimum Distribution payments calculated for the Participant's account may be distributed made from the Participant's account or from another 403(b) arrangement that the Participant maintains, pursuant to Treasury Regulations. If the Participant does not take Required Minimum Distribution payments from their account, we will assume that the Participant is taking them from another 403(b) arrangement that the Participant maintains.
A. REQUIRED MINIMUM DISTRIBUTION RULES - PAYMENTS DURING THE PARTICIPANT'S LIFE Except as otherwise noted in this Item A, the Participant's entire interest under the Contract will be distributed, or begin to be distributed distributed, no later than the Participant’s 's Required Beginning Date. For purposes of this Item A the Participant's Required Beginning Date (as defined in Section 10.3(a)) over one is April 1 of the calendar year following periods the later of these two choices: (or a combination thereof):
(1a) the life calendar year the Participant reaches age 70 1/2 or (b) the calendar year the Participant retires from employment with the Employer. If the Participant's account was purchased with a direct transfer of funds from another 403(b) arrangement and the Participant has informed us at the time of purchase of the amount, then payments of the amount of the Participant,
(2's December 31, 1986 account balance transferred to this Contract must begin by age 75. The Participant's Required Minimum Distribution payment may be computed under any of the methods permitted under Section 401(a)(9) of the life Code, including payments over the Participant's life, or the lives of the Participant and a Designated the Participant's named Beneficiary,
(3) , or a period certain not extending beyond the Life Expectancy of the Participant's life expectancy, or
(4) a period certain not extending beyond or the joint and last survivor Life Expectancy expectancy of the Participant and a Designated the Participant's named Beneficiary. If the Participant’s interest is to Payments must be distributed over a period designated under subsection (3) or (4) above, the amount made as required to be distributed for each calendar year must at least equal the quotient obtained by dividing the Participant’s Benefit (as determined under Section 10.3(g)) by the lesser of (i) Required Minimum Distribution rules, including "incidental death benefit" rules described in the Applicable Life Expectancy or (ii) if Treasury Regulations. MANNER OF PAYMENT The Participant may satisfy the Participant’s Designated Beneficiary is not his/her spouse, the minimum distribution incidental benefit factor set forth in Q&A-4 of Prop. Treas. Reg. §401(a)(9)-2. Distributions after the death of the Participant shall be determined using the Applicable Life Expectancy as the relevant divisor regardless Required Minimum Distribution rules by applying any portion of the Participant’s Designated Beneficiary's entire interest under the Contract to an Annuity Benefit which satisfies Temporary Treasury Regulation Section 1.401(a)(9)-6T, or any successor Regulation. The minimum distribution required for periods described in the preceding paragraph cannot exceed the periods specified in Section 1.401(a)(9)-6T of the Temporary Treasury Regulations or any successor Regulation. If such an Annuity Benefit is elected after the Participant’s 's Required Beginning Date, the first Distribution Calendar Year payment interval must be made begin on or before the Participant’s Required Beginning Date. The minimum distribution date amounts are applied to the Annuity Benefit and the payment required for other Distribution Calendar Years, including the minimum distribution for the Distribution Calendar Year in which the Participant’s Required Beginning Date occurs, one payment interval must be made on or before December 31 no later than the end of that Distribution Calendar Year. If a Participant receives a distribution in the form of an annuity purchased from an insurance company, distributions thereunder shall be made in accordance with the requirements of Code §401(a)(9) and the regulations thereunder. For calendar years beginning before January 1, 1989, if the Participant’s spouse is not the Designated Beneficiary, the method of distribution selected must ensure that at least 50% of the Present Value of the amount available for distribution is paid within the life expectancy of the Participantsuch payment interval.
Appears in 1 contract
Required Minimum Distributions. The entire interest of a Participant must be distributed or begin to be distributed no later than the Participant’s 's Required Beginning Date (as defined in Section 10.3(a)) over one of the following periods (or a combination thereof):
(1) the life of the Participant,
(2) the life of the Participant and a Designated Beneficiary,
(3) a period certain not extending beyond the Life Expectancy of the Participant, or
(4) a period certain not extending beyond the joint and last survivor Life Expectancy of the Participant and a Designated Beneficiary. If f the Participant’s 's interest is to be distributed over a period designated under subsection (3) or (4) above, the amount required to be distributed for each calendar year must at least equal the quotient obtained by dividing the Participant’s 's Benefit (as determined under Section 10.3(g)) by the lesser of (i) the Applicable Life Expectancy or (ii) if the Participant’s 's Designated Beneficiary is not his/her spouse, the minimum distribution incidental benefit factor set forth in Q&A-4 of Prop. Treas. Reg. §?401(a)(9)-2. Distributions after the death of the Participant shall be determined using the Applicable Life Expectancy as the relevant divisor regardless of the Participant’s 's Designated Beneficiary. The minimum distribution required for the Participant’s 's first Distribution Calendar Year must be made on or before the Participant’s 's Required Beginning Date. The minimum distribution for other Distribution Calendar Years, including the minimum distribution for the Distribution Calendar Year in which the Participant’s 's Required Beginning Date occurs, must be made on or before December 31 of that Distribution Calendar Year. If a Participant receives a distribution in the form of an annuity purchased from an insurance company, distributions thereunder shall be made in accordance with the requirements of Code §?401(a)(9) and the regulations thereunder. For calendar years beginning before January 1, 1989, if the Participant’s 's spouse is not the Designated Beneficiary, the method of distribution selected must ensure that at least 50% of the Present Value of the amount available for distribution is paid within the life expectancy of the Participant.
Appears in 1 contract
Samples: Profit Sharing/401(k) Prototype Plan and Trust (Capital Corp of the West)
Required Minimum Distributions. The entire interest of You are required to take minimum distributions from your SIMPLE XXX at certain times
1. You are required to take a Participant minimum distribution from your SIMPLE XXX for the year in which you reach age 70½ and for each year thereafter. You must be distributed or begin to be distributed no later than the Participant’s Required Beginning Date (as defined in Section 10.3(a)) over one take your first distribution by your required beginning date, which is April 1 of the year following periods (or a combination thereof):
(1) the life year you attain age 70½. The minimum distribution for any taxable year is equal to the amount obtained by dividing the account balance at the end of the Participant,prior year by the applicable divisor.
(2) . The applicable divisor is generally determined using the uniform lifetime table provided by the IRS. The table assumes a designated beneficiary exactly 10 years younger than you, regardless of who is named as your beneficiary(ies), if any. If your spouse is your sole designated beneficiary, and is more than 10 years younger than you, the required minimum distribution is determined annually using the actual joint life expectancy of the Participant you and a Designated Beneficiary,
(3) a period certain not extending beyond the Life Expectancy of the Participant, or
(4) a period certain not extending beyond your spouse obtained from the joint and last survivor Life Expectancy table provided by the IRS, rather than the life expectancy divisor from the uniform lifetime table. We reserve the right to do any one of the Participant following by April 1 of the year following the year in which you turn age 70½
(a) make no distribution until you give us a proper withdrawal request,
(b) distribute your entire SIMPLE XXX to you in a single sum payment, or
(c) determine your required minimum distribution each year based on your life expectancy calculated using the uniform lifetime table, and a Designated Beneficiarypay those distributions to you until you direct otherwise.
3. Your designated beneficiary is determined based on the beneficiary(ies) designated as of the date of your death, who remains your beneficiary(ies) as of September 30 of the year following the year of your death. If you die on or after your required beginning date, distributions must be made to your beneficiary(ies) over the Participant’s interest longer of the single life expectancy of your designated beneficiary(ies), or your remaining life expectancy. If a beneficiary other than an individual or qualified trust as defined in the Regulations is to named, you will be treated as having no designated beneficiary of your SIMPLE XXX for purposes of determining the distribution period. If there is no designated beneficiary of your SIMPLE XXX, distributions will commence using your single life expectancy, reduced by one in each subsequent year. If you die before your required beginning date, the entire amount remaining in your account will, at the election of your designated beneficiary(ies), either
(a) be distributed by December 31 of the year containing the fifth anniversary of your death, or
(b) be distributed over a period the remaining life expectancy of your designated under subsection beneficiary(ies). If your spouse is your sole designated beneficiary, he or she must elect either option (3a) or (4) above, the amount required to be distributed for each calendar year must at least equal the quotient obtained by dividing the Participant’s Benefit (as determined under Section 10.3(g)b) by the lesser earlier of (i) the Applicable Life Expectancy or (ii) if the Participant’s Designated Beneficiary is not his/her spouse, the minimum distribution incidental benefit factor set forth in Q&A-4 of Prop. Treas. Reg. §401(a)(9)-2. Distributions after the death of the Participant shall be determined using the Applicable Life Expectancy as the relevant divisor regardless of the Participant’s Designated Beneficiary. The minimum distribution required for the Participant’s first Distribution Calendar Year must be made on or before the Participant’s Required Beginning Date. The minimum distribution for other Distribution Calendar Years, including the minimum distribution for the Distribution Calendar Year in which the Participant’s Required Beginning Date occurs, must be made on or before December 31 of that Distribution Calendar Yearthe year containing the fifth anniversary of your death, or December 31 of the year you would have attained age 70½. Your designated beneficiary(ies), other than a spouse who is the sole designated beneficiary, must elect either option (a) or (b) by December 31 of the year following the year of your death. If no election is made, distribution will be calculated in accordance with option (ii). In the case of distributions under option (b), distributions must commence by December 31 of the year following the year of your death. Generally if your spouse is the designated beneficiary, distributions need not commence until December 31 of the year you would have attained age 70½, if later. If a Participant receives a distribution beneficiary(ies) other than an individual or qualified trust as defined in the form Regulations is named, you will be treated as having no designated beneficiary(ies) of an annuity purchased from an insurance company, distributions thereunder shall be made in accordance with your SIMPLE XXX for purposes of determining the requirements distribution period. If there is no designated beneficiary of Code §401(a)(9) and the regulations thereunder. For calendar years beginning before January 1, 1989, if the Participant’s spouse is not the Designated Beneficiaryyour SIMPLE XXX, the method of distribution selected entire SIMPLE XXX must ensure that at least 50% be distributed by December 31 of the Present Value year containing the fifth anniversary of your death. A spouse beneficiary shall have all rights as granted under the amount available for distribution is paid within the life expectancy of the ParticipantCode or applicable Regulations to treat your SIMPLE XXX as his or her own.
Appears in 1 contract
Samples: Simple Ira Plan Agreement
Required Minimum Distributions. The entire interest of You are required to take minimum distributions from your XXX at certain times in accordance with Regulations section 1.408-‐8. Below is a Participant must be distributed or begin to be distributed no later than the Participant’s Required Beginning Date (as defined in Section 10.3(a)) over one summary of the following periods (or XXX distribution rules.
1. You are required to take a combination thereof):
(1) minimum distribution from your XXX for the life year in which you reach age 70½ and for each year thereafter. You must take your first distribution by your required beginning date, which is April 1 of the Participant,
(2) year following the life year you attain age 70½. The minimum distribution for any taxable year is equal to the amount obtained by dividing the account balance at the end of the Participant prior year by the applicable divisor.
2. The applicable divisor is generally determined using the uniform lifetime table provided by the IRS. The table assumes a designated beneficiary exactly 10 years younger than you, regardless of who is named as your beneficiary(ies), if any. If your spouse is your sole designated beneficiary, and a Designated Beneficiary,
(3) a period certain not extending beyond is more than 10 years younger than you, the Life Expectancy required minimum distribution is determined annually using the actual joint life expectancy of the Participant, or
(4) a period certain not extending beyond you and your spouse obtained from the joint and last survivor Life Expectancy table provided by the IRS, rather than the life expectancy divisor from the uniform lifetime table. We reserve the right to do any one of the Participant following by April 1 of the year following the year in which you turn age 70½:
(a) make no distribution until you give us a proper withdrawal request,
(b) distribute your entire XXX to you in a single sum payment, or
(c) determine your required minimum distribution each year based on your life expectancy calculated using the uniform lifetime table, and a Designated Beneficiarypay those distributions to you until you direct otherwise.
3. Your designated beneficiary is determined based on the beneficiary(ies) designated as of the date of your death, who remains your beneficiary(ies) as of September 30 of the year following the year of your death. If you die,
(a) on or after your required beginning date, distributions must be made to your beneficiary(ies) over the Participant’s interest longer of the single life expectancy of your designated beneficiary(ies), or your remaining life expectancy. If a beneficiary other than an individual or qualified trust as defined in the Regulations is to named, you will be distributed over a period treated as having no designated under subsection beneficiary of your XXX for purposes of determining the distribution period. If there is no designated beneficiary of your XXX, distributions will commence using your single life expectancy, reduced by one in each subsequent year.
(3b) or (4) abovebefore your required beginning date, the entire amount required to be distributed for each calendar year must remaining in your account will, at least equal the quotient obtained by dividing the Participant’s Benefit (as determined under Section 10.3(gelection of your designated beneficiary(ies)) by the lesser of , either (i) be distributed by December 31 of the Applicable Life Expectancy year containing the fifth anniversary of your death, or (ii) if be distributed over the Participant’s Designated Beneficiary remaining life expectancy of your designated beneficiary(ies). If your spouse is not his/her spouseyour sole designated beneficiary, he or she must elect either option (i) or (ii) by the minimum distribution incidental benefit factor set forth in Q&A-4 earlier of Prop. Treas. Reg. §401(a)(9)-2. Distributions after the death of the Participant shall be determined using the Applicable Life Expectancy as the relevant divisor regardless of the Participant’s Designated Beneficiary. The minimum distribution required for the Participant’s first Distribution Calendar Year must be made on or before the Participant’s Required Beginning Date. The minimum distribution for other Distribution Calendar Years, including the minimum distribution for the Distribution Calendar Year in which the Participant’s Required Beginning Date occurs, must be made on or before December 31 of that Distribution Calendar Yearthe year containing the fifth anniversary of your death, or December 31 of the year you would have attained age 70½. Your designated beneficiary(ies), other than a spouse who is the sole designated beneficiary, must elect either option (i) or (ii) by December 31 of the year following the year of your death. If no election is made, distribution will be calculated in accordance with option (ii). In the case of distributions under option (ii), distributions must commence by December 31 of the year following the year of your death. Generally if your spouse is the designated beneficiary, distributions need not commence until December 31 of the year you would have attained age 70½, if later. If a Participant receives a distribution beneficiary(ies) other than an individual or qualified trust as defined in the form Regulations is named, you will be treated as having no designated beneficiary(ies) of an annuity purchased your XXX for purposes of determining the distribution period. If there is no designated beneficiary of your XXX, the entire XXX must be distributed by December 31 of the year containing the fifth anniversary of your death. A spouse who is the sole designated beneficiary of your entire XXX will be deemed to elect to treat your XXX as his or her own by either (1) making contributions to your XXX or (2) failing to timely remove a required minimum distribution from an insurance company, distributions thereunder shall be made in accordance with your XXX. Regardless of whether or not the requirements of Code §401(a)(9) and the regulations thereunder. For calendar years beginning before January 1, 1989, if the Participant’s spouse is not the Designated Beneficiarysole designated beneficiary of your XXX, the method of distribution selected must ensure that at least 50% a spouse beneficiary may roll over his or her share of the Present Value of the amount available for distribution is paid within the life expectancy of the Participantassets to his or her own XXX.
Appears in 1 contract
Required Minimum Distributions. (a) No payment option may be selected by the Participant (or a Beneficiary) unless it satisfies the requirements of Code Section 401(a)(9) and any additional Code limitations applicable to the Plan. The provisions of this section shall apply for purposes of determining required minimum distributions for calendar years beginning with the 2003 calendar year. The requirements of this section shall take precedence over any inconsistent provisions of the Plan. All distributions required under this section shall be determined and made in accordance with the regulations under Code Section 401(a)(9). Notwithstanding the other provisions of this section, distributions may be made under a designation made before January 1, 1984, in accordance with Section 242(b)(2) of the Tax Equity and Fiscal Responsibility Act (TEFRA) and the provisions of the Plan that related to Section 242(b)(2) of TEFRA.
(b) The Participant’s entire interest of a Participant must shall be distributed distributed, or begin to be distributed distributed, to the Participant no later than the Participant’s Required Beginning Date (required beginning date. If the Participant dies before distributions begin, the Participant’s entire interest shall be distributed, or begin to be distributed, no later than as defined in Section 10.3(a)) over one of the following periods (or a combination thereof):follows:
(1) If the life Participant’s surviving spouse is the Participant’s sole designated Beneficiary, then unless the surviving spouse elects to apply the 5-year rule (pursuant to subsection (f), below), distributions to the surviving spouse shall begin by December 31st of the Participant,calendar year immediately following the calendar year in which the Participant died, or by December 31st of the calendar year in which the Participant would have attained age 70½, if later.
(2) If the life Participant’s surviving spouse is not the Participant’s sole designated Beneficiary, then unless the designated Beneficiary elects to apply the 5-year rule (pursuant to subsection (f), below), distributions to the designated Beneficiary shall begin by December 31st of the calendar year immediately following the calendar year in which the Participant and a Designated Beneficiary,died.
(3) a period certain not extending beyond If there is no designated Beneficiary as of September 30th of the Life Expectancy year following the year of the Participant’s death, orthe Participant’s entire interest shall be distributed by December 31st of the calendar year containing the fifth anniversary of the Participant’s death.
(4) If the Participant’s surviving spouse is the Participant’s sole designated Beneficiary and the surviving spouse dies after the Participant but before distributions to the surviving spouse begin, this subsection (b), other than paragraph (b)(1), shall apply as if the surviving spouse were the Participant. For purposes of this subsection (b) and subsection (d), unless paragraph (b)(4) applies, distributions are considered to begin on the Participant’s required beginning date. If paragraph (b)(4) applies, distributions are considered to begin on the date distributions are required to begin to the surviving spouse under paragraph (b)(1). If distributions under an annuity purchased from an insurance company irrevocably commence to the Participant before the Participant’s required beginning date (or to the Participant’s surviving spouse before the date distributions are required to begin to the surviving spouse under paragraph (b)(1)), the date distributions are considered to begin is the date distributions actually commence. Unless the Participant’s interest is distrusted in the form of an annuity purchase from an insurance company or in a period certain not extending beyond single sum on or before the joint and last survivor Life Expectancy required beginning date, as of the Participant first distribution calendar year distributions shall be made in accordance with subsections(c) and a Designated Beneficiary(d) of this section. If the Participant’s interest is to be distributed over a period designated under subsection (3) or (4) above, the amount required to be distributed for each calendar year must at least equal the quotient obtained by dividing the Participant’s Benefit (as determined under Section 10.3(g)) by the lesser of (i) the Applicable Life Expectancy or (ii) if the Participant’s Designated Beneficiary is not his/her spouse, the minimum distribution incidental benefit factor set forth in Q&A-4 of Prop. Treas. Reg. §401(a)(9)-2. Distributions after the death of the Participant shall be determined using the Applicable Life Expectancy as the relevant divisor regardless of the Participant’s Designated Beneficiary. The minimum distribution required for the Participant’s first Distribution Calendar Year must be made on or before the Participant’s Required Beginning Date. The minimum distribution for other Distribution Calendar Years, including the minimum distribution for the Distribution Calendar Year in which the Participant’s Required Beginning Date occurs, must be made on or before December 31 of that Distribution Calendar Year. If a Participant receives a distribution in the form of an annuity purchased from an insurance company, distributions thereunder shall be made in accordance with the requirements of Code §Section 401(a)(9).
(c) and the regulations thereunder. For calendar years beginning before January 1, 1989, if During the Participant’s spouse lifetime, the minimum amount that shall be distributed for each distribution calendar year is not the Designated lesser of:
(1) The quotient obtained by dividing the Participant’s account balance by the distribution period in the Uniform Lifetime Table set forth in Section 1.401(a)(9)-9 of the regulations, using the Participant’s age as of the Participant’s birthday in the distribution calendar year; or
(2) If the Participant’s sole designated Beneficiary for the distribution calendar year is the Participant’s spouse, the quotient obtained by dividing the Participant’s account balance by the number in the Joint and Last Survivor Table set forth in Section 1.401(a)(9)-9 of the regulations, using the Participant’s and spouse’s attained ages as of the Participant’s and spouse’s birthdays in the distribution calendar year. Required minimum distributions shall be determined under this subsection (c) beginning with the first distribution calendar year and up to and including the distribution calendar year that includes the Participant’s date of death.
(1) If the Participant dies on or after the date distributions begin and there is a designated Beneficiary, the method of minimum amount that shall be distributed for each distribution selected must ensure that at least 50% calendar year after the year of the Present Value Participant’s death is the quotient obtained by dividing the Participant’s account balance by the longer of the amount available for distribution is paid within remaining life expectancy of the Participant or the remaining life expectancy of the Participant’s designated Beneficiary, determined as follows:
(a) The Participant’s remaining life expectancy is calculated using the age of the Participant in the year of death, reduced by one for each subsequent year.
(b) If the Participant’s surviving spouse is the Participant’s sole designated Beneficiary, the remaining life expectancy of the surviving spouse is calculated for each distribution calendar year after the year of the Participant’s death using the surviving spouse’s age as of the spouse’s birthday in that year. For distribution calendar years after the year of the surviving spouse’s death, the remaining life expectancy of the surviving spouse is calculated using the age of the surviving spouse as of the spouse as of the spouse’s birthday in the calendar year of the spouse’s death, reduced by one for each subsequent calendar year.
(c) If the Participant’s surviving spouse is not the Participant’s sole designated Beneficiary, the designated Beneficiary’s remaining life expectancy is calculated using the age of the Beneficiary in the year following the year of the Participant’s death, reduced by one for each subsequent year.
(2) If the Participant dies on or after the date distributions begin and there is no designated Beneficiary as of September 30th of the year after the year of the Participant’s death, the minimum amount that shall be distributed for each distribution calendar year after the year of the Participant’s death is the quotient obtained by dividing the Participant’s account balance by the Participant’s remaining life expectancy calculated using the age of the Participant in the year of death, reduced by one of for each subsequent year.
(3) Except as otherwise elected (pursuant to subsection (f), below), if the Participant dies before the date distributions begin and there is a designated Beneficiary, the minimum amount that shall be distributed for each distribution calendar year after the year of the Participant’s death is the quotient by dividing the Participant’s account balance by the remaining life expectancy of the Participant’s designated Beneficiary, determined as provided in paragraphs (1) and (2), above.
(4) If the Participant dies before the date distributions begin and there is no designated Beneficiary as of September 30th of the year following the year of the Participant’s death, distribution of the Participant’s entire interest shall be completed by December 31st of the calendar year containing the fifth anniversary of the Participant’s death.
(5) If the Participant dies before the date distributions begin, the Participant’s surviving spouse is the Participant’s sole designated Beneficiary, and the surviving spouse dies before distributions are required to begin to the surviving spouse under paragraph (b)(1), this subsection (d) shall apply as if the surviving spouse were the Participant.
Appears in 1 contract
Samples: 457(b) Deferred Compensation Plan
Required Minimum Distributions. The entire interest of a Participant must be distributed following rules apply to installment and annuity distributions, if the Plan provides for them, on and after the date described in section 7.3(d) for plans with no annuity distributions available or begin section 7.5(e) for plans with annuity distributions available:
(a) If distributions are to be distributed no later than made over (i) a period not extending beyond the Participant’s Required Beginning Date (as defined in Section 10.3(a)) over one life expectancy of the following periods (Participant or a combination thereof):
(1) the joint life of the Participant,
(2) the life and last survivor expectancy of the Participant and a Designated Beneficiary,
his or her Beneficiary or (3ii) a period certain not extending beyond the Life Expectancy life expectancy of the Participant, or
(4) a period certain not extending beyond the joint and last survivor Life Expectancy of the Participant and a Designated Beneficiary. If the Participant’s interest is to be distributed over a period designated under subsection (3) or (4) above, the amount required to be distributed paid for each calendar year, beginning with payments for the first calendar year for which a distribution is required, must at least equal the quotient obtained by dividing the undistributed amount of the Participant’s Benefit 's Account balances by the life expectancy over which distributions are being made.
(as determined under Section 10.3(g)b) The amount to be distributed each year, beginning with distributions for the first calendar year for which a distribution is required will not be less than the quotient of the Vested Percentage of the Participant's Account balances by the lesser of (i) the Applicable Life Expectancy life expectancy over which distributions are being made or (ii) if the Participant’s Designated Beneficiary 's Spouse is not his/her spousethe Beneficiary, the minimum distribution incidental benefit factor set forth applicable divisor determined from the table in Q&A-4 of PropProposed Treasury Regulation ss. Treas. Reg. §401(a)(9)-21.401(a)(9)-2. Distributions after the death of the Participant shall will be determined made using the Applicable Life Expectancy life expectancy described in subparagraph (a) as the relevant divisor regardless of the Participant’s Designated Beneficiarydivisor, without regard to Proposed Treasury Regulation ss. The minimum distribution required for the Participant’s first Distribution Calendar Year must 1.401(a)(9)-2. Distributions under this section may be made on as a lump sum, but in the case of a Participant who has not reached his or before the Participant’s Required Beginning her Termination Date. The minimum , distribution for other Distribution Calendar Years, including the minimum distribution for the Distribution Calendar Year in which the Participant’s Required Beginning Date occurs, must may not be made on or before December 31 of that Distribution Calendar Year. as a lump sum unless it is elected in the Adoption Agreement.
(c) If distribution to a Participant receives a distribution is made in the form of an annuity purchased from an insurance company, distributions thereunder shall under the annuity contract must be made in accordance with the requirements of Code §Section 401(a)(9) and applicable Treasury Regulations.
(d) For purposes of this Article, "life expectancy" of a Participant and a Participant's Spouse (other than in the regulations thereundercase of a life annuity) will not be redetermined unless it is elected in the Adoption Agreement either (i) that life expectancies will be redetermined annually in accordance with Treasury Regulations, or (ii) to allow a Participant to make an irrevocable election to have life expectancies redetermined annually in accordance with Treasury Regulations. For calendar years beginning before January 1If no election is made by the time distributions must begin, 1989, if the Participant’s spouse is not the Designated Beneficiary, the method of distribution selected must ensure that at least 50% of the Present Value of the amount available for distribution is paid within the then life expectancy of the Participant and the Participant's Spouse will not be redetermined. Life expectancy and joint and last survivor expectancy will be computed using the return multiples in Tables V and VI of Treasury Regulation ss.
Appears in 1 contract
Required Minimum Distributions. The Notwithstanding anything in this Contract to the contrary, this Contract is subject to the "Required Minimum Distribution" rules of Sections 403(b) and 401(a)(9) of the Code, including the Treasury Regulations which apply. To the extent that any distribution options available to the Participant under this Contract conflict with the Code, the Code requirements prevail. Item A below, describes the Required Minimum Distribution payments to be made during the Participant's lifetime. Item B below, describes the Required Minimum Distribution payments to be made after the Participant's death, if the Participant dies before the Participant's entire interest of a under the Contract is distributed to the Participant. The Required Minimum Distribution rules may be satisfied by either taking an Annuity Benefit or by taking withdrawals at least annually from or with respect to the Participant's entire interest under the Contract, all as subject to these rules. If the Participant must chooses annual withdrawals, the Participant's annual Required Minimum Distribution payments calculated for the Participant's account may be distributed made from the Participant's account or from another 403(b) arrangement that the Participant maintains, pursuant to Treasury Regulations. If the Participant does not take Required Minimum Distribution payments from their account, we will assume that the Participant is taking them from another 403(b) arrangement that the Participant maintains.
A. REQUIRED MINIMUM DISTRIBUTION RULES - PAYMENTS DURING THE PARTICIPANT'S LIFE Except as otherwise noted in this Item A, the Participant's entire interest under the Contract will be distributed, or begin to be distributed distributed, no later than the Participant’s 's Required Beginning Date. For purposes of this Item A the Participant's Required Beginning Date (as defined in Section 10.3(a)) over one is April 1 of the calendar year following periods the later of these two choices: (or a combination thereof):
(1a) the life calendar year the Participant reaches age 70 1/2 or (b) the calendar year the Participant retires from employment with the Employer. If the Participant's account was purchased with a direct transfer of funds from another 403(b) arrangement and the Participant has informed us at the time of purchase of the amount, then payments of the amount of the Participant,
(2's December 31, 1986 account balance transferred to this Contract must begin by age 75. The Participant's Required Minimum Distribution payment may be computed under any of the methods permitted under Section 401(a)(9) of the life Code, including payments over the Participant's life, or the lives of the Participant and a Designated the Participant's named Beneficiary,
(3) , or a period certain not extending beyond the Life Expectancy of the Participant's life expectancy, or
(4) a period certain not extending beyond or the joint and last survivor Life Expectancy expectancy of the Participant and a Designated the Participant's named Beneficiary. If the Participant’s interest is to Payments must be distributed over a period designated under subsection (3) or (4) above, the amount made as required to be distributed for each calendar year must at least equal the quotient obtained by dividing the Participant’s Benefit (as determined under Section 10.3(g)) by the lesser of (i) Required Minimum Distribution rules, including "incidental death benefit" rules described in the Applicable Life Expectancy or (ii) if Treasury Regulations. MANNER OF PAYMENT The Participant may satisfy the Participant’s Designated Beneficiary is not his/her spouse, the minimum distribution incidental benefit factor set forth in Q&A-4 of Prop. Treas. Reg. §401(a)(9)-2. Distributions after the death of the Participant shall be determined using the Applicable Life Expectancy as the relevant divisor regardless Required Minimum Distribution rules by applying any portion of the Participant’s Designated Beneficiary's entire interest under the Contract to an Annuity Benefit which satisfies Treasury Regulation Section 1.401(a)(9)-6 or any successor Regulation. The minimum distribution required for periods described in the preceding paragraph cannot exceed the periods specified in Section 1.401(a)(9)-6 of the Treasury Regulations or any successor Regulation. If such an Annuity Benefit is elected after the Participant’s 's Required Beginning Date, the first Distribution Calendar Year payment interval must be made begin on or before the Participant’s Required Beginning Date. The minimum distribution date amounts are applied to the Annuity Benefit and the payment required for other Distribution Calendar Years, including the minimum distribution for the Distribution Calendar Year in which the Participant’s Required Beginning Date occurs, one payment interval must be made on or before December 31 no later than the end of that Distribution Calendar Year. If a Participant receives a distribution in the form of an annuity purchased from an insurance company, distributions thereunder shall be made in accordance with the requirements of Code §401(a)(9) and the regulations thereunder. For calendar years beginning before January 1, 1989, if the Participant’s spouse is not the Designated Beneficiary, the method of distribution selected must ensure that at least 50% of the Present Value of the amount available for distribution is paid within the life expectancy of the Participantsuch payment interval.
Appears in 1 contract
Samples: Group Annuity Contract (Separate Account a of Axa Equitable Life Insurance Co)
Required Minimum Distributions. Anything herein to the contrary notwithstanding, distributions under the Plan must comply with the requirements of section 401(a)(9) of the Code and the Treasury regulations thereunder. The entire interest of a Participant must be distributed or begin to be distributed no later than the Participant’s Required Beginning Date (as defined in Section 10.3(a)) over one of the following periods (or a combination thereof)::
(1) the life of the Participant,
(2) the life of the Participant and a Designated Beneficiary,
(3) a period certain not extending beyond the Life Expectancy of the Participant, or
(4) a period certain not extending beyond the joint and last survivor Life Expectancy of the Participant and a Designated Beneficiary. If the Participant’s interest is to Must be distributed over a period designated under subsection (3) or (4) above, the amount required to be distributed for each calendar year must at least equal the quotient obtained by dividing the Participant’s Benefit (as determined under Section 10.3(g)) by the lesser of (i) the Applicable Life Expectancy or (ii) if the Participant’s Designated Beneficiary is not his/her spouse, the minimum distribution incidental benefit factor set forth in Q&A-4 of Prop. Treas. Reg. §401(a)(9)-2. Distributions after the death of the Participant shall be determined using the Applicable Life Expectancy as the relevant divisor regardless of the Participant’s Designated Beneficiary. The minimum distribution required for the Participant’s first Distribution Calendar Year must be made on or before the Participant’s Required Beginning Date. The minimum distribution for other Distribution Calendar Years, including the minimum distribution for the Distribution Calendar Year in which the Participant’s Required Beginning Date occurs, must be made on or before December 31 of that Distribution Calendar Year. If a Participant receives a distribution in the form of an annuity purchased from an insurance company, distributions thereunder shall be made in accordance with the requirements of Code §section 401(a)(9) and the regulations thereunder. For calendar years beginning before January 1, 1989, if the Participant’s spouse is not the Designated Beneficiary, the method of distribution selected must ensure that at least 50% and other guidance thereunder and shall be paid or commence to be paid no later than April 1 of the Present Value calendar year following the later of the amount available calendar year in which the Participant attains age 70½ or terminates employment; provided, however, that for distribution is paid Participants who are 5% owners (within the meaning of the Code section 416(i), distributions shall commence no later than April 1 of the calendar year following the calendar year in which the Participant attains age 70½.
(2) Must be distributed in accordance with Treasury regulations over a period not extending beyond the life expectancy of such Participant or the Participantjoint life expectancies of such Participant and his Beneficiary. Furthermore, any required distribution hereunder shall satisfy the incidental death benefits requirements under section 401(a)(9)(G) of the Code. Additionally, the life expectancies of the Participant and his spousal beneficiary shall be recalculated annually for the purpose of determining the required distribution. Where the Participant dies before his entire interest is distributed to him, the remaining portion of such interest will be distributed to his Beneficiary in accordance with Section 4.02.
(3) Notwithstanding the provisions of paragraphs (1) and (2) above, if distributions have begun to be paid to any active Employees who have attained age 70½ prior to January 1, 1997, distributions shall be continued in accordance with the provisions of the Plan and the Code as in effect prior to January 1, 1997 unless any such active Employees elect in a timely manner to have such distributions suspended until after termination of employment, effective beginning with distributions that would otherwise be required to be made for the 1997 calendar year.
(4) With respect to distributions under the Plan made in calendar years beginning on or after January 1, 2003, the Plan will apply the minimum distribution requirements of section 401(a)(9) of the Code in accordance with the final regulations under section 401(a)(9), notwithstanding any provisions of the Plan to the contrary.
Appears in 1 contract
Samples: Savings Plan
Required Minimum Distributions. (a) Except as otherwise provided in Subsection (g) below, the provisions of this section will apply for purposes of determining required minimum distributions for calendar years beginning with the 2003 calendar year. The requirements of this section will take precedence over any inconsistent provisions of the Plan. All distributions required under this section will be determined and made in accordance with the Regulations under Section 401(a)(9) and the minimum distribution incidental benefit requirement of Section 401(a)(9)(G) of the Code. Notwithstanding the other provisions of this section, distributions may be made under a designation made before January 1, 1984, in accordance with Section 242(b)(2) of the Tax Equity and Fiscal Responsibility Act (TEFRA) and the provisions of the plan that relate to Section 242(b)(2) of TEFRA.
(b) The Participant’s entire interest of a Participant must will be distributed distributed, or begin to be distributed distributed, to the Participant no later than the Participant’s Required Beginning Date (required beginning date. If the Participant dies before distributions begin, the Participant’s entire interest will be distributed, or begin to be distributed, no later than as defined in Section 10.3(a)) over one of the following periods (or a combination thereof):follows:
(1) If the life Participant’s surviving spouse is the Participant’s sole designated Beneficiary, then except as provided in subsection (f), below, distributions to the surviving spouse will begin by December 31 of the Participant,calendar year immediately following the calendar year in which the Participant died, or by December 31 of the calendar year in which the Participant would have attained age 70-1/2, if later.
(2) If the life Participant’s surviving spouse is not the Participant’s sole designated Beneficiary, then except as provided in subsection (f), below, distributions to the designated Beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Participant and a Designated Beneficiary,died.
(3) a period certain not extending beyond If there is no designated Beneficiary as of September 30 of the Life Expectancy year following the year of the Participant’s death, orthe Participant’s entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the Participant’s death.
(4) If the Participant’s surviving spouse is the Participant’s sole designated Beneficiary and the surviving spouse dies after the Participant but before distributions to the surviving spouse begin, this subsection (b), other than paragraph (b)(1), will apply as if the surviving spouse were the Participant. For purposes of this subsection (b) and subsection (d), unless paragraph (b)(4) applies, distributions are considered to begin on the Participant’s required beginning date. If paragraph (b)(4) applies, distributions are considered to begin on the date distributions are required to begin to the surviving spouse under paragraph (b)(1). If distributions under an annuity purchased from an insurance company irrevocably commence to the Participant before the Participant’s required beginning date (or to the Participant’s surviving spouse before the date distributions are required to begin to the surviving spouse under paragraph (b)(1)), the date distributions are considered to begin is the date distributions actually commence. Unless the Participant’s interest is distributed in the form of an annuity purchased from an insurance company or in a period certain not extending beyond single sum on or before the joint and last survivor Life Expectancy required beginning date, as of the Participant first distribution calendar year distributions will be made in accordance with subsections (c) and a Designated Beneficiary(d) of this section. If the Participant’s interest is to be distributed over a period designated under subsection (3) or (4) above, the amount required to be distributed for each calendar year must at least equal the quotient obtained by dividing the Participant’s Benefit (as determined under Section 10.3(g)) by the lesser of (i) the Applicable Life Expectancy or (ii) if the Participant’s Designated Beneficiary is not his/her spouse, the minimum distribution incidental benefit factor set forth in Q&A-4 of Prop. Treas. Reg. §401(a)(9)-2. Distributions after the death of the Participant shall be determined using the Applicable Life Expectancy as the relevant divisor regardless of the Participant’s Designated Beneficiary. The minimum distribution required for the Participant’s first Distribution Calendar Year must be made on or before the Participant’s Required Beginning Date. The minimum distribution for other Distribution Calendar Years, including the minimum distribution for the Distribution Calendar Year in which the Participant’s Required Beginning Date occurs, must be made on or before December 31 of that Distribution Calendar Year. If a Participant receives a distribution in the form of an annuity purchased from an insurance company, distributions thereunder shall will be made in accordance with the requirements of Code §Section 401(a)(9) of the Code and the regulations thereunder. For Regulations.
(c) During the Participant’s lifetime, the minimum amount that will be distributed for each distribution calendar years beginning before January year is the lesser of:
(1) the quotient obtained by dividing the Participant’s account balance by the distribution period in the Uniform Lifetime Table set forth in Section 1.401(a)(9)-9, 1989Q&A-2 of the Regulations, using the Participant’s age as of the Participant’s birthday in the distribution calendar year; or
(2) if the Participant’s spouse sole designated Beneficiary for the distribution calendar year is not the Designated Participant’s spouse, the quotient obtained by dividing the Participant’s account balance by the number in the Joint and Last Survivor Table set forth in Section 1.401(a)(9)-9, Q&A-3 of the Regulations, using the Participant’s and spouse’s attained ages as of the Participant’s and spouse’s birthdays in the distribution calendar year. Required minimum distributions will be determined under this subsection (c) beginning with the first distribution calendar year and up to and including the distribution calendar year that includes the Participant’s date of death.
(1) If the Participant dies on or after the date distributions begin and there is a designated Beneficiary, the method of minimum amount that will be distributed for each distribution selected must ensure that at least 50% calendar year after the year of the Present Value Participant’s death is the quotient obtained by dividing the Participant’s account balance by the longer of the amount available for distribution is paid within remaining life expectancy of the Participant or the remaining life expectancy of the Participant’s designated Beneficiary, determined as follows:
(i) The Participant’s remaining life expectancy is calculated using the age of the Participant in the year of death, reduced by one for each subsequent year.
(ii) If the Participant’s surviving spouse is the Participant’s sole designated Beneficiary, the remaining life expectancy of the surviving spouse is calculated for each distribution calendar year after the year of the Participant’s death using the surviving spouse’s age as of the spouse’s birthday in that year. For distribution calendar years after the year of the surviving spouse’s death, the remaining life expectancy of the surviving spouse is calculated using the age of the surviving spouse as of the spouse’s birthday in the calendar year of the spouse’s death, reduced by one for each subsequent calendar year.
(iii) If the Participant’s surviving spouse is not the Participant’s sole designated Beneficiary, the designated Beneficiary’s remaining life expectancy is calculated using the age of the Beneficiary in the year following the year of the Participant’s death, reduced by one for each subsequent year.
(2) If the Participant dies on or after the date distributions begin and there is no designated Beneficiary as of September 30 of the year after the year of the Participant’s death, the minimum amount that will be distributed for each distribution calendar year after the year of the Participant’s death is the quotient obtained by dividing the Participant’s account balance by the Participant’s remaining life expectancy calculated using the age of the Participant in the year of death, reduced by one for each subsequent year.
(3) Except as provided in subsection (f) below, if the Participant dies before the date distributions begin and there is a designated Beneficiary, the minimum amount that will be distributed for each distribution calendar year after the year of the Participant’s death is the quotient obtained by dividing the Participant’s account balance by the remaining life expectancy of the Participant’s designated Beneficiary, determined as provided in paragraphs (d)(1) and (d)(2).
(4) If the Participant dies before the date distributions begin and there is no designated Beneficiary as of September 30 of the year following the year of the Participant’s death, distribution of the Participant’s entire interest will be completed by December 31 of the calendar year containing the fifth anniversary of the Participant’s death.
(5) If the Participant dies before the date distributions begin, the Participant’s surviving spouse is the Participant’s sole designated Beneficiary, and the surviving spouse dies before distributions are required to begin to the surviving spouse under paragraph (b)(1), paragraphs (d)(3) – (5) will apply as if the surviving spouse were the Participant.
Appears in 1 contract