Division II · Retirement Plans

Part 6. Distributions, Loans, Rollovers, and RMDs

This Part covers hardships, in-service withdrawals, loans, rollovers, withholding, §402(f), Form 1099-R, QJSA/spousal consent, and RMDs — including the SECURE 2.0 required-beginning-date ages, the lifetime and death-benefit rules, eligible designated beneficiaries and the 10-year rule (with the final-regulation annual-distribution requirement for post-RBD deaths), beneficiary RMDs, Roth RMD treatment, and the §4974 excise tax. It also covers missing and non-responsive participants and uncashed distribution checks — the search obligation and DOL's sub-regulatory guidance package (Best Practices, CAR 2021-01, FAB 2014-01, FAB 2021-01, FAB 2025-01), the PBGC Missing Participants Program, the tax treatment of uncashed checks and of payments to State unclaimed property funds, State escheat and ERISA §514 preemption, and the Retirement Savings Lost and Found.

Chapters

Also in this Part

• Issues to watchSubscribers
• Worked example: Lifetime RMDs: Required Beginning Date, the First Two Years, and the Deferral TrapSubscribers
• Authorities cited in this PartSubscribers

Related Parts

• Part 12. QDROs and Division of Retirement Benefits — for divorce-related division, alternate-payee awards, and QDRO taxation
• Part 5. Qualified Plan Testing, Eligibility, and Vesting — for forfeiture and reinstatement of a missing participant's benefit (minimum-participation-and-vesting chapter, unit E3)
• Part 22. Government Audits and Investigations — for the EBSA Terminated Vested Participants Project and PBGC audit exposure on missing participants
• Part 23. ERISA Disputes, Enforcement, Preemption, and Remedies — for ERISA §514 preemption of State unclaimed property law
• Part 5. Qualified Plan Testing, Eligibility, and Vesting — for 401(k)-source restrictions, §415/§402(g) excess distributions, and Roth/catch-up
• Part 21. Plan Corrections: EPCRS, VFCP, and DFVCP — for RMD, loan, and distribution failures (Form 14568 Schedules 5 and 8)
• Part 4. Reporting, Disclosure, Recordkeeping, and Claims — for §402(f), Form 1099-R, and withholding notices
• Part 3. Fiduciary Duties and Prohibited Transactions — for loan prohibited transactions
• Part 5. Qualified Plan Testing, Eligibility, and Vesting — for vesting determination on distribution
• Part 2. Plan Documents, Amendments, Mergers, and Terminations — for the §401(k) successor-plan rule and distributions on termination
• Part 7. Defined Benefit and Hybrid Plans — for §417(e) lump-sum assumptions and §436 payment restrictions
• Part 25. Employee Benefits in Mergers and Acquisitions — for severance and plan termination distributions
• Part 8. 403(b) Plans — for special 403(b) distribution rules