Section 4. Required Minimum Distributions After Participant’s Death.

4.1.A Death Prior to January 1, 2020, On or After Date Distributions Begin.

(a) Participant Survived by Designated Beneficiary. If the participant dies prior to January 1, 2020, on or after the date distributions begin and there is a designated beneficiary, the minimum amount that will be distributed for each distribution calendar year after the year of the participant’s death is the quotient obtained by dividing the participant’s account balance by the longer of the remaining life expectancy of the participant or the remaining life expectancy of the participant’s designated beneficiary, determined as follows:

(1) The participant’s remaining life expectancy is calculated using the age of the participant in the year of death, reduced by one for each subsequent year.

(2) If the participant’s surviving spouse is the participant’s sole designated beneficiary, the remaining life expectancy of the surviving spouse is calculated for each distribution calendar year after the year of the participant’s death 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 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.

(3) If the participant’s surviving spouse is not the participant’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 participant’s death, reduced by one for each subsequent year.

242 | D e f i n e d C o n t r i b u t i o n P l a n L R M P a c k a g e 0 1 / 2 0 2 4

(b) No Designated Beneficiary. If the participant dies on or after the date distributions begin and there is no designated beneficiary as of the September 30 of the year after the year of the participant’s death, the minimum amount that will be distributed for each distribution calendar year after the year of the participant’s death is the quotient obtained by dividing the participant’s account balance by the participant’s remaining life expectancy calculated using the age of the participant in the year of death, reduced by one for each subsequent year.

(c) Subsequent Death of Beneficiary. If the death of the participant’s designated beneficiary occurs subsequently, after January 1, 2020, but before the entire account balance has been paid out, annual distributions will be paid and completed within 10 years of the designated beneficiary’s death.

4.1.B Death On or After January 1, 2020, On or After Date Distributions Begin.

(a) Participant Survived by Designated Beneficiary. If the participant dies on or after January 1, 2020 and on or after the date distributions begin, distributions to the participant’s beneficiary will begin not later than December 31 of the year following the year of the participant’s death, and the participant’s remaining interest must be distributed at least as rapidly as under the distribution method used by the participant as of the date of the participant’s death.

(b) Life Expectancy Determinations. Where there is a designated beneficiary, the minimum amount that will be distributed for each distribution calendar year after the year of the participant’s death is the quotient obtained by dividing the participant’s account balance by the longer of the remaining life expectancy of the participant or the remaining life expectancy of the participant’s designated beneficiary, determined as follows:

(1) The participant’s remaining life expectancy is calculated using the age of the participant in the year of death, reduced by one for each subsequent year.

(2) If the participant’s surviving spouse is the participant’s sole designated beneficiary, the applicable distribution period is measured by the surviving spouse’s life expectancy using the surviving spouse’s birthday for each distribution calendar year after the calendar year of the participant’s death. The surviving spouse’s remaining life expectancy is redetermined each distribution calendar year using the surviving spouse’s age as of the surviving spouse’s birthday in that distribution calendar year. For distribution calendar years after the year of the surviving spouse’s death, the remaining life expectancy of the surviving spouse is calculated 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.

(3) If the participant’s surviving spouse is not the participant’s sole designated beneficiary and there is an eligible designated beneficiary, the eligible designated

243 | D e f i n e d C o n t r i b u t i o n P l a n L R M P a c k a g e 0 1 / 2 0 2 4

beneficiary’s remaining life expectancy is calculated using the age of the eligible designated beneficiary in the year following the year of the participant’s death, reduced by one for each subsequent year.

(4) If the participant’s surviving spouse is not the participant’s sole designated beneficiary and there is no eligible designated beneficiary, the entire interest must be distributed by the end of the calendar year that includes the tenth anniversary of the date of the participant’s death. However, for the 2021, 2022, 2023 and 2024 calendar years, distributions are not required.

(c) No Designated Beneficiary. If the participant dies on or after the date distributions begin and there is no designated beneficiary as of September 30 of the year following the year of the participant’s death, such as where no individual is named as the beneficiary, the minimum amount that will be distributed for each distribution calendar year after the year of the participant’s death is the quotient obtained by dividing the participant’s account balance by the participant’s remaining life expectancy calculated using the age of the participant in the year of death, reduced by one for each subsequent year.

Note to reviewer: Notice 2022-53, 2022-45 I.R.B. 437, announced that, because final § 401(a)(9) regulations will apply no earlier than the 2023 distribution calendar year, a defined contribution plan will not fail to be qualified for failing to make certain required minimum distributions under the 10-year rule in 2021 or 2022. Notice 2023-54, 2023-31 I.R.B. 382, extended this relief for 2023, and Notice 2024-35, 2024-19 I.R.B. 1051, further extended this relief to 2024.

Notice 2022-53 is on the 2023 Cumulative List. Notices 2023-54 and 2024-35 are not. Sample plan language is not therefore required to reflect that a plan that failed to make a specified required minimum distribution will not be treated as having failed to satisfy Code § 401(a)(9) merely because it did not make that distribution for 2023 and 2024, but those years are included here to assist Providers.

4.2A Death Prior to January 1, 2020, Before Date Distributions Begin

(a) Participant Survived by Designated Beneficiary. Except as provided in the adoption agreement, if the participant dies before the date distributions begin and there is a designated beneficiary, the minimum amount that will be distributed for each distribution calendar year after the year of the participant’s death is the quotient obtained by dividing the participant’s account balance by the remaining life expectancy of the participant’s designated beneficiary, determined as provided in section 4.1A.

(b) No Designated Beneficiary. If the participant dies before the date distributions begin and there is no designated beneficiary as of September 30 of the year following the year of the participant’s death, distribution of the participant’s entire interest will be

244 | D e f i n e d C o n t r i b u t i o n P l a n L R M P a c k a g e 0 1 / 2 0 2 4

completed by December 31 of the calendar year containing the fifth anniversary of the participant’s death.

(c) Death of Surviving Spouse Before Distributions to Surviving Spouse Are Required to Begin. If the participant dies before the date distributions begin, the participant’s surviving spouse is the participant’s sole designated beneficiary, and the surviving spouse dies before distributions are required to begin to the surviving spouse under section 2.2A(a), this section 4.2A will apply as if the surviving spouse were the participant.

4.2.B Death on or after January 1, 2020, Before Distributions Begin

(a) If the participant dies before the date distribution begins and the surviving spouse is the sole beneficiary, distribution must begin by December 31 of the calendar year immediately following the calendar year in which the participant died, or by December 31 of the calendar year in which the participant would have attained the applicable age, if later.

(1) Death of Surviving Spouse Before Distributions to Surviving Spouse Are Required to Begin. If the participant dies before the date distributions begin, the participant’s surviving spouse is the participant’s sole designated beneficiary, and the surviving spouse dies before distributions are required to begin to the surviving spouse under section 4.2.B(a), this section 4.2B will apply as if the surviving spouse were the participant.

(b) Participant Survived by Eligible Designated Beneficiary. Except as provided in the adoption agreement, if the participant dies before the date distributions begin and there is an eligible designated beneficiary, the minimum amount that will be distributed for each distribution calendar year after the year of the participant’s death is determined initially using the beneficiary’s age as of his birthday in the calendar year following the calendar year of the participant’s death. For subsequent calendar years, the designated beneficiary’s remaining life expectancy is determined by reducing that initial life expectancy by one for each calendar year that has elapsed after the first calendar year.

(1) Death of Eligible Designated Beneficiary. If the participant dies before the date distributions begin and is survived by an eligible designated beneficiary and the surviving eligible designated beneficiary dies or reaches the age of majority before distributions are required to begin to the eligible designated beneficiary under section 4.2.B(b), distribution of the participant’s entire interest will be completed by December 31 of the calendar year containing the tenth anniversary of the eligible designated beneficiary’s death.

(c) Participant Survived by Designated Beneficiary. Except as provided in the adoption agreement, if the participant dies before the date distributions begin and there is

245 | D e f i n e d C o n t r i b u t i o n P l a n L R M P a c k a g e 0 1 / 2 0 2 4

a designated beneficiary who is not an eligible designated beneficiary, distribution of the participant’s entire interest must be distributed by December 31 of the calendar year containing the tenth anniversary of the participant’s death.

(d) No Designated Beneficiary. If the participant dies before the date distributions begin and there is no designated beneficiary as of September 30 of the year following the year of the participant’s death, distribution of the participant’s entire interest will be completed by December 31 of the calendar year containing the fifth anniversary of the participant’s death.