401(k) RMD

Individual has a 401(k), will be age 70 1/2 this year, not a 5% owner and still working for same employer. I understand she will does not have to take an RMD as long as she is still working for the same employer. However, she would like to take the RMD (and potentially more then the RMD). Apparently, the plan document states that distributions from the 401(k) cannot made until after someone leaves the company. Can a plan document have this type of restriction?



Yes. It does not violate the RMD Regs because the “still working” exception eliminates RMDs from this plan until separation from service. 

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