On 8/10/17 7:48 AM, ira smilovitz wrote:
[snip]
> The rules regarding the timing of distributions are not rules "prescribed under authority of the internal revenue laws" (Title 26 of the US Code), they are rules prescribed under the labor laws (ERISA, part of Title 29 of the US Code).
>
> Ira Smilovitz, EA
>
I take exception to this statement as it relates to the OP query. ERISA
(Chapter 18 of Title 29) contains the minimum standards for retirement
plans and also contains protections for the participants. For example,
it contains a rule for when a plan must allow a participant to withdraw
benefits. It does not contain any rule relating to a mandatory beginning
date for distributions. That rule can only be found in Sec. 401(a)(9)
of Title 26, Subtitle A - Income Taxes. Any company that offers a
retirement plan to its employees must conform to the rules of Title 29
and they must conform to the rules found in Title 26, Subtitle A,
Chapter 1, Subchapter D. This is Sections 401 thru 436. The two titles
may have some overlaps. However, the required beginning date is not one
of them.