Present Law And Issues Relating to the Conservatorship of the Executive Life Insurance Company : Scheduled for a Hearing Before the Subcommittee On Select Revenue Measures of the House Committee On Ways And Means, On May 22, 1991 Jcx-6-91

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Partial distributions may also be rolled over to an IRA if (1) the distribution is made after separation from service, (2) it consists of at least 50 percent of the balance to the credit of the employee, and (3) the distribution is not one of a series of periodic payments. In addition, certain lump-sum distributions are eligible for 5- or 10-year income averaging. The ability of plan participants to take advantage of these tax rules may be affected by the Executive Life situation.
For example,
...suppose a portion of the account balance of a participant in a defined contribution plan is invested in GICs with Executive Life. The participant terminates employment and requests a distribution of his entire account balance.
The plan could have a variety of responses, including: (1) making a good faith valuation of the Executive Life GICs (which may or may not be correct) and making a total distribution to the participant based on that valuation; (2) distributing the portion of the account that is not attributable to the GICs and holding the remainder of the account until its value can be determined; or (3) suggesting that the participant wait until the Executive Life matter is resolved.


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