§ 9-8. Minimum distribution rules.
(a) Definitions.
(1) In general.
In this section, the following terms have the meanings indicated.
(2) Designated beneficiary.
“Designated beneficiary” means the individual who is designated by the member (or the member’s surviving spouse) as the beneficiary of the member’s interest under the Plan and who is the designated beneficiary under IRC § 401(a)(9) and 26 CFR § 1.401(a)(9)-4.
(3) Distribution calendar year.
(i) “Distribution calendar year” means a calendar year for which a minimum distribution is required.
(ii) For distributions beginning before the member’s death, the first distribution calendar year is the calendar year immediately preceding the calendar year that contains the member’s required beginning date.
(iii) The required minimum distribution for the member’s first distribution calendar year will be made on or before the member’s required beginning date.
(iv) The required minimum distribution for other distribution calendar years, including the required minimum distribution for the distribution calendar year in which the member’s required beginning date occurs, will be made on or before December 31 of that distribution calendar year.
(4) Life expectancy.
“Life expectancy” means life expectancy as computed by use of the Single Life Table in 26 CFR 1.401(a)(9)-9, Q&A-1.
(5) Member’s account balance.
(i) “Member’s account balance” means:
(A) the account balance as of the last valuation date in the calendar year immediately preceding the distribution calendar year (valuation calendar year), increased by
(B) the amount of any contributions made and allocated or forfeitures allocated to the account as of dates in the valuation calendar year after the valuation date, and decreased by
(C) distributions made in the valuation calendar year after the valuation date.
(ii) The account balance for the valuation calendar year includes any amounts rolled over or transferred to the Plan either in the valuation calendar year or in the distribution calendar year if distributed or transferred in the valuation calendar year.
(6) Required beginning date.
“Required beginning date” means April 1 of the calendar year following the calendar year in which the member attains age 70½.
(b) Reasonable good faith compliance.
Notwithstanding any other provision of this section, distributions under this article must be made in accordance with a reasonable good faith interpretation of IRC § 401(a)(9), as applicable to the Retirement Savings Plan.
(c) General rule.
As of the first distribution calendar year, distributions to a member, if not made in a lump-sum, may only be made over 1 of the following periods:
(1) the life of the member;
(2) the joint lives of the member and a designated beneficiary;
(3) a period certain not extending beyond the life expectancy of the member; or
(4) a period certain not extending beyond the joint life and last survivor expectancy of the member and a designated beneficiary.
(d) Time and manner of distribution.
(1) Required {latest} beginning date.
The member’s entire interest must be distributed to the member no later than the April 1 of the calendar year following the later of:
(i) the calendar year in which the member attains age 70½; or
(ii) the calendar year in which the member terminates employment with a participating employer.
(2) Death of member before distribution.
If the member dies before distribution is made, the member’s entire interest must be distributed no later than December 31 of the calendar year in which the 5th anniversary of the member’s death occurs.
(3) Forms of distribution.
(i) As of the first distribution calendar year, unless a member’s interest is distributed on or before the required beginning date in the form of an annuity purchased from an insurance company or in a lump-sum, distributions must be made in accordance with subsections (e) and (f) of this section.
(ii) If the member’s interest is distributed in the form of an annuity purchased from an insurance company, distributions under the annuity must be made in accordance with a reasonable good-faith interpretation of IRC § 401(a)(9).
(e) Required minimum distributions during member’s lifetime.
(1) Minimum for each distribution calendar year.
During a member’s lifetime, the minimum amount that must be distributed for each calendar year is the lesser of:
(i) the quotient obtained by dividing the member’s account balance by the distribution period in the Uniform Lifetime Table set forth in 26 CFR § 1.401(a)(9)-9, Q&A-2, using the member’s age as of the member’s birthday in the distribution calendar year; or
(ii) if the member’s sole designated beneficiary for the distribution calendar year is the member’s spouse, the quotient obtained by dividing the member’s account balance by the number in the Joint and Last Survivor Table set forth in 26 CFR § 1.401(a)(9)-9, Q&A-3, using the member’s and spouse’s attained ages as of the member’s and spouse’s birthdays in the distribution calendar year.
(2) Continuation through year of member’s death.
Required minimum distributions must be determined under this subsection beginning with the first distribution calendar year and continuing up to, and including, the distribution calendar year that includes the member’s date of death.
(f) Required minimum distributions after member’s death.
(1) Member survived by designated beneficiary.
If a member dies on or after the date distributions begin and there is a designated beneficiary, the minimum amount that must be distributed for each distribution calendar year after the year of the member’s death is the quotient obtained by dividing the member’s account balance by the longer of the remaining life expectancy of the member or the remaining life expectancy of the member’s designated beneficiary, determined as follows:
(i) The member’s remaining life expectancy is calculated by using the age of the member in the year of death, reduced by one for each subsequent year.
(ii) If the member’s surviving spouse is the member’s sole designated beneficiary, the remaining life expectancy of the surviving spouse is calculated for each distribution calendar year after the year of the member’s death by 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 by 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 member’s surviving spouse is not the member’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 member’s death, reduced by one for each subsequent year.
(2) No designated beneficiary.
If a member 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 member’s death, the minimum amount that must be distributed for each distribution calendar year after the year of the member’s death is the quotient obtained by dividing the member’s account balance by the member’s remaining life expectancy, calculated by using the age of the member in the year of death, reduced by one for each subsequent year.
(Ord. 14-216.)
