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ARTICLE · 30 SEPTEMBER 2016

IRS Issues Final Regulations Regarding Partial Pension Annuities

The IRS issued final regulations (T.D. 9783) that provide guidance relating to the minimum present value requirements that apply to certain defined benefit pension plans.

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The IRS issued final regulations (T.D. 9783) that provide guidance relating to the minimum present value requirements that apply to certain defined benefit pension plans. These regulations change the minimum present value requirements for defined benefit plan distributions to permit plans to simplify the treatment of certain optional forms of benefit that are paid partly in the form of an annuity and partly in a single sum or other more accelerated form.

Rules in the final regulations state circumstances under which a participant's accrued benefit can be bifurcated so that the minimum present value requirements of Section 417(e)(3) apply to only the portion of the participant's accrued benefit that is paid in an accelerated form. A plan may explicitly bifurcate the accrued benefit so that the plan provides that the requirements of Treas. Reg. Sec. 1.417(e)-1(d) apply to a specified portion of a participant's accrued benefit as if that portion was the participant's

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