Non Spouse 401k Beneficiary

Are 401k plans and custodians required to allow stretch IRAs for a non-spouse beneficiary? I can’t seem to get a definite answer in my research. A client of our has a substantial 401k balance with a former employer and we are concerned the stretch feature might be lost in the event of a simultaneous passing of he and his wife. Can anyone reference the most up to date rules on this topic?



Yes, starting in 2010, qualified plans were required to offer a direct rollover to an inherited IRA or inherited Roth IRA. Notice 2007-7 made this optional, but under WRERA signed 12/08 it was made mandatory starting for plan years after 2009. The following is the Technical Explanation of WRERA, see the second paragraph on p 11:

http://www.jct.gov/x-85-08.pdf

As for simultaneous deaths, the statutes vary from state to state with respect to the Uniform Simultaneous Death Act and state survivial periods.



the way i understand it most 401k:s and company plans do not allow the stretch but in 2010 a trustee to trustee transfer is mandatory for non-spouse transfers



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