Notice 2022-53 is on the 2023 — 0325 Publ 6088 (PDF)

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 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

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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 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

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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.