Life and Death Planning for Retirement Benefits

Appendix A: Tables

489

Notwithstanding any other provision hereof, no Deferrable Retirement Benefit may be

appointed, distributed, or transferred to any other trust unless (1) under the Minimum

Distribution Rules, beneficiaries of such other trust are treated as having been designated

directly as beneficiaries of such Deferrable Retirement Benefit for purposes of such Rules, and

(2) the oldest beneficiary of such other trust was not born in a year earlier than the year of birth

of the oldest beneficiary of this trust.

3.5

Marital Deduction Savings Language

See

B).

If this trust is or becomes the beneficiary of any Retirement Benefit, the trustee must

withdraw from the trust’s share of such Retirement Benefit, each year:

So long as my spouse is living, the net income of the trust’s share of such Retirement

Benefit for such year; and

Regardless of whether my spouse is then living, such amount or such additional amount

(if any) as is required to be distributed from such share under the Minimum Distribution

Rules (if applicable).

This paragraph shall not be deemed to limit the trustee’s power and right to withdraw from the

marital trust’s share of the Retirement Benefit in any year more than the amount(s) stated

above.

3.6

Establishing a Conduit Trust for One Beneficiary

See

From and after my death, this trust shall be held for the benefit of [NAME OF

INDIVIDUAL TRUST BENEFICIARY] (hereinafter referred to as the “Beneficiary”). Each

year, beginning with the year of my death, my trustees shall withdraw from any Deferrable

Retirement Benefit the Required Minimum Distribution for such Deferrable Retirement

Benefit for such year, plus such additional amount or amounts as the trustee deems advisable

in its discretion. All amounts so withdrawn (net of expenses properly charged thereto) shall be

distributed to the Beneficiary, if the Beneficiary is then living. Upon the death of the

Beneficiary (or upon my death if the Beneficiary does not survive me) all remaining property

of this trust [here insert the provisions that will apply after the conduit beneficiary’s death;

since the see-through trust rules “do not care” what these provisions say, they can be anything

you want. Examples: “shall be paid to [NAME OF REMAINDER BENEFICIARY],” or “shall

be held in further trust pursuant to the provisions of Article [NUMBER] of this trust

instrument.”].

3.7

Conduit Trust for Spouse (Marital Deduction)

See