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Issue Snapshot - Spousal Period that is consent to an Accrued Benefit As safety for Loans

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This matter snapshot will concentrate on the proposed regulations impacting the consent that is spousal under 417(a)(4) and whether or not the 180-day permission duration relates to spousal permission to make use of a participant’s accrued advantages as protection for loans.

IRC Area and Treas. Legislation

IRC Section 417(a)(4) and Treas. Reg. Section 1.401(a)-20, A-24(a)(1)

Resources (Court Matters, Chief Counsel Guidance, Revenue Rulings, Internal Resources)

73 F.R. 59575-59579, 2008-45 IRB 1131

Analysis

Section 417(a)(4) requires that qualified plans with an experienced joint and survivor annuity (“QJSA”) receive the consent of a participant’s partner before the participant’s utilization of plan assets as safety for a financial loan. Especially, Section 417(a)(4) states that for plan participants at the mercy of Section 401(a)(11), plans shall offer that no part of the participant’s accrued advantage works extremely well as protection for the loan unless the partner regarding the participant consents on paper to use that is such the 90-day duration closing in the date by which the mortgage will be so secured. Treas. Reg. Section 1.401(a)-20, A-24(a)(1) additionally offers up a 90-day consent that is spousal for making use of accrued advantages as protection for loans.

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