Code of Massachusetts Regulations
840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION
Title 840 CMR 3.00 - Internal Revenue Code Compliance Provisions
Section 3.04 - Internal Revenue Code Section 401(a)(9)
Current through Register 1531, September 27, 2024
(1) Effective as of January 1, 1989, any retirement system subject to M.G.L. c. 32 will pay all benefits in accordance with a good faith interpretation of the requirements of Internal Revenue Code Section 401(a)(9), as applicable to a governmental plan within the meaning of Internal Revenue Code Section 414(d).
(2) Notwithstanding any other provision of 840 CMR 3.04(2), effective on and after January 1, 2003, any retirement system subject to M.G.L. c. 32 is subject to the following provisions:
(3) The amount of an annuity paid to a member's beneficiary may not exceed the maximum determined under the incidental death benefit requirement of Internal Revenue Code Section 401(a)(9)(G), and effective for any annuity commencing on or after January 1, 2008, the minimum distribution incidental benefit rule under Treasury Regulation Section 1.401(a)(9)-6, Q&A-2.
(4) The death and disability benefits provided by the retirement system are limited by the incidental benefit rule set forth in Internal Revenue Code Section 401(a)(9)(G) and Treasury Regulation Section 1.401-1(b)(1)(i) or any successor regulation thereto. As a result, the total death or disability benefits payable may not exceed 25% of the cost for all of the members' benefits received from the retirement system.