underfunded single employer defined benefit plans
Section 2. Limitations Applicable If the Plan’s Adjusted Funding Target Attainment
Publication 6165 — Defined Benefit Listing of Required Modifications and Information Package (LRM) · 2026-10-03 edition · updated 2026-10-04 · United States
Percentage Is Less Than 60%. Notwithstanding any other provisions of the plan, if the plan’s adjusted funding target attainment percentage for a plan year is less than 60% (or would be less than 60% to the extent described in Section 2(b) below), then the limitations in this Section 2 apply.
(a) Single Sums, Other Accelerated Forms of Distribution, and Other Prohibited Payments
Not Permitted. A participant or beneficiary is not permitted to elect, and the plan shall not
pay, a single sum payment or other optional form of benefit that includes a prohibited
payment with an annuity starting date on or after the applicable Code §I RC 436
measurement date, and the plan shall not make any payment for the purchase of an
irrevocable commitment from an insurer to pay benefits or any other payment or transfer
that is a prohibited payment. The limitation set forth in this Section 2(a) does not apply to
any payment of a benefit which under Code § IRC 411(a)(11) may be immediately
distributed without the consent of the participant.
(b) Shutdown Benefits and Other Unpredictable Contingent Event Benefits Not Permitted to Be Paid. An unpredictable contingent event benefit with respect to an unpredictable contingent event occurring during a plan year shall not be paid if the adjusted funding target attainment percentage for the plan year is:
(i) Less than 60%; or
(ii) 60% or more, but would be less than 60% if the adjusted funding target attainment
309 | Defined Benefit Plan LRM Package 08/2020 06/2026
percentage were redetermined applying an actuarial assumption that the likelihood of occurrence of the unpredictable contingent event during the plan year is 100%.
(c) Benefit Accruals Frozen. Benefit accruals under the plan shall cease as of the applicable
Code § IRC 436 measurement date. In addition, if the plan is required to cease benefit
accruals under this Section 2(c), then the plan is not permitted to be amended in a manner
that would increase the liabilities of the plan by reason of an increase in benefits or
establishment of new benefits.
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