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49. Timing and modes of distribution›Notice 2022-53 is on the 2023 Cumulative List. Notices 2023-54 and 2024-35 are not.

Section 2. Election to Allow Participants or Beneficiaries to Elect 5- or 10-Year

0325 Publ 6088 (PDF) · 2026-10-03 edition · updated 2026-10-04 · United States

Rule.

( ) For participant deaths occurring on or before December 31, 2019, participants or designated beneficiaries may elect on an individual basis whether the 5year rule or the life expectancy rule in sections 2.2 and 4.2 of Article ___ of the plan applies to distributions after the death of a participant. The election must be made no later than the earlier of September 30 of the calendar year in which distributions would be required to begin under section 2.2 of Article ___ of the plan, or by September 30 of the calendar year which contains the fifth anniversary of the participant’s (or, if applicable, surviving spouse’s) death. For participant deaths occurring after December 31, 2019, participants and eligible designated beneficiaries (as defined in section 5.4 of Article ___ of the plan) may elect on an individual basis whether the 10-year rule or the life expectancy rule in sections 2.2 and 4.2 of Article ___ of the plan applies to distributions after the death of a participant. The election must be made no later than the end of the calendar year following the calendar year of the participant’s (or, if applicable, surviving spouse’s) death. If the eligible designated beneficiary is the surviving spouse, the election must be made no later than the earlier of the end of the calendar year following the year in which the participant would have turned the applicable age or the calendar year which contains the tenth anniversary of the participant’s death. If neither the participant nor beneficiary makes an election under this paragraph, distributions will be made in accordance with sections 2.2 and 4.2 of Article _____ of the plan and, if applicable, the elections in section 1 above.

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