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* * * * * (vi) For applications of paragraph (d)(four)(i) of this section, a distribution shall be considered for being manufactured as a result of termination of an staff's participation during the prepare whether it is manufactured no afterwards than the close of the 2nd system 12 months pursuing the system calendar year through which this kind of termination happens, or if these types of distribution might have been made beneath the prepare from the near of these types of next system yr but for The point that the present value of the nonforfeitable accrued advantage then exceeded the cash-out Restrict in impact under § one.

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The IRS and Treasury Be aware that elimination on the lookback rule is unlikely to present considerable possibilities for members to evade the spousal-consent principles. In the case of any plan topic into the spousal-consent provisions of sections 401(a)(eleven) and 417, a distribution that attracts a participant's accrued reap the benefits of a worth previously mentioned the cash-out limit to a price at or beneath the cash-out Restrict will by itself require spousal consent.

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Immediately after thought from the reviews, the IRS and Treasury have decided to undertake the regulation getting rid of the lookback rule as proposed. The IRS and Treasury think that the statutory cash-out provisions represent a balancing on the interests of members in preserving their benefits in capable designs with the acceptable administrative demands of program sponsors and administrators.