Charles P. Stepnowski - Page 24

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               1.417(e)-1T(d) for the amount of a distribution under a                
               nondecreasing annuity payable for a period not less                    
               than the life of the participant or, in the case of a                  
               QPSA, the life of the surviving spouse.  For purposes                  
               of this exception, a nondecreasing annuity included a                  
               QJSA, a QPSA, and an annuity that decreased merely                     
               because of the cessation or reduction of Social                        
               Security supplements or qualified disability payments                  
               (as defined in section 411(a)(9)).  This exception was                 
               identical to the exception provided under former final                 
               regulations.  Several commentators pointed out that                    
               this exception did not cover several other types of                    
               annuity forms of distribution that were nondecreasing                  
               during the life of the participant, and suggested that                 
               the regulations be changed to provide additional                       
               exceptions for these additional annuity forms of                       
               distribution.                                                          
                    The IRS and Treasury have determined that it is                   
               appropriate to provide additional exceptions for these                 
               benefit forms.  Accordingly, under the final                           
               regulations, section 417(e)(3) and sec. 1.417(e)-1(d)                  
               do not apply to the amount of a distribution paid in                   
               the form of an annual benefit that does not decrease                   
               during the life of the participant, or, in the case of                 
               a QPSA, the life of the participant’s spouse; or that                  
               decreases during the life of the participant merely                    
               because of the death of the survivor annuitant (but                    
               only if the reduction is to a level not below 50% of                   
               the annual benefit payable before the death of the                     
               survivor annuitant) or merely because of the cessation                 
               or reduction of Social Security supplements or                         
               qualified disability benefits.  * * *  [T.D. 8768,                     
               1998-1 C.B. 1027, 1028.]                                               
          This conclusion is further supported by the commonsense notion              
          that, because section 417(e) specifically deals with the                    
          calculation of the present value of a participant’s accrued                 
          benefit for purposes of determining the amount of a lump-sum                
          payment to that participant, lump-sum payments would not be                 
          excepted from the present value requirements of section                     
          1.417(e)-1(d), Income Tax Regs.  Therefore, because the lump-sum            





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