- 6 - purposes of section 72, "employee contributions * * * under a defined contribution plan may be treated as a separate contract." To be treated as a separate contract under section 72(d), contributions must be made under a defined contribution plan. Section 414(k)(2) creates a hybrid plan, one with both a defined benefit and a defined contribution component. Section 414(k)(2) allows a defined benefit plan to be treated as a defined contribution plan to the extent the benefits are based on the separate account of a participant and as a defined benefit plan with respect to the remaining portion of benefits under the plan.6 5(...continued) Full refunds, surrenders, redemptions, and maturities.- -This paragraph shall apply to-- (i) any amount received, whether in a single sum or otherwise, under a contract in full discharge of the obligation under the contract which is in the nature of a refund of the consideration paid for the contract, and (ii) any amount received under a contract on its complete surrender, redemption, or maturity. In the case of any amount to which the preceding sentence applies, the rule in paragraph [72(e)](2)(A) shall not apply. 6Sec. 414(k) provides in part: SEC. 414(k). Certain Plans.--A defined benefit plan which provides a benefit derived from employer contributions which is based partly on the balance of the separate account of a participant shall-- * * * * * * * (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011