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72

Life and Death Planning for Retirement Benefits

beneficiaries.

If “D” above applied during the spouse’s life, and the spouse later dies

before all the benefits have been distributed to her, here is how to compute RMDs for her

successor beneficiary(ies): If the participant had died before his RBD, and the surviving

spouse then died before her Required Commencement Date, see

¶ 1.6.05 (

C). Otherwise,

the RMD for the year of her death must be paid out to the successor beneficiary to the

extent the spouse had not already taken it by the time of her death, and any remaining

benefits must be paid out (beginning the year after the year of the spouse’s death) over the

spouse’s remaining life expectancy, using the fixed-term method

( ¶ 1.2.04 (

B)). This is

computed based on the age she attained (or would have attained if she had lived long

enough) on her birthday in the year of her death and reduced by one year for each year

thereafter. Reg.

§ 1.401(a)(9)-5 ,

A-5(c)(2). It is not clear whether this rule (successor

beneficiaries take over what’s left of the surviving spouse’s life expectancy) applies even

if the ADP that applied to the spouse herself was the participant’s remaining life

expectancy rather than her own (see

¶ 1.5.04 (

B)).

1.6.04

Required Commencement Date: Distributions to spouse

If the participant dies on or after his RBD

( ¶ 1.5.04 )

, the Required Commencement Date

for RMDs to the surviving spouse-beneficiary is the same as the Required Commencement Date

for distributions to any other beneficiary: December 31 of the year after the year of the participant’s

death (or, if the participant died in 2008, December 31, 2010;

¶ 1.1.04 )

. Reg.

§ 1.401(a)(9)-2 ,

A-

5. As is true for other beneficiaries, the spouse as beneficiary must also withdraw, by the end of

the year of the participant’s death, any part of the year-of-death RMD not distributed during the

participant’s life.

¶ 1.5.04 (

A).

If the participant dies prior to his RBD, and the spouse is the

sole

Designated Beneficiary

( ¶ 1.6.02 )

, annual distributions to the spouse over her life expectancy do not have to begin until

the

later of

the following years, “X” or “Y”:

X:

The year following the year in which the participant died (unless the decedent died in 2008,

in which case the “X” year is 2010); or

Y:

The year in which the participant would have reached age 70½ (unless the decedent would

have reached age 70½ in 2009, in which case the “Y” year is 2010).

§ 401(a)(9)(B)(iv)(I) ;

Reg.

§ 1.401(a)(9)-3 ,

A-3(b);

Notice 2009-82 ,

Part V, A-2. Thus, the

surviving spouse’s “Required Commencement Date” is December 31 of whichever of the above

two years (X or Y) is applicable.

However, the spouse may have to make an irrevocable election

earlier than that deadline to preserve her rights; se

e ¶ 1.5.07 (

C).

1.6.05

Special “(B)(iv)(II) rule” if both spouses die young

If the participant died before his RBD, and his spouse survives him, and the surviving

spouse is the sole Designated Beneficiary

( ¶ 1.6.02 )

, the spouse does not have to commence taking

RMDs until the end of the year in which the participant would have reach age 70½, as explained

at

¶ 1.6.04 . § 401(a)(9)(B)(iv)(II)

then provides a special rule that applies upon the surviving

spouse’s later death if she dies before this “Required Commencement Date.”

Under the special

(B)(iv)(II) rule

, RMDs for years after the year of the spouse’s death will

not

be based on the spouse’s remaining life expectancy, as would normally be true for RMDs