80 Ill. Adm. Code 2700.710
Beneficiary Election of Method of Distribution
Section 2700.710 Beneficiary
Election of Method of Distribution
a) If the Participant dies prior to January 1,
2022, before the account has been exhausted, the remaining account values shall
be paid to the Designated Beneficiary or Non-Designated Beneficiary. For
purposes of this Section, a "Non-Designated Beneficiary" is a Beneficiary
who is not a natural person, such as a trust, estate or other legal entity. The
Beneficiary shall have the right to elect the time and method of distribution,
subject to the limitations set forth by the Plan, notwithstanding Section
2700.730(b), in the following manner:
1) If the Participant dies before the required
beginning distribution date under subsection (j), payments to:
A) A surviving spouse may be delayed until December
31 of the year in which the Participant would have attained the applicable age as
defined under Code section 401(a)(9). The entire account must be withdrawn
over a period not extending beyond the single life expectancy of the surviving
spouse. If the surviving spouse, who is the Designated Beneficiary, dies prior
to the required beginning date, the surviving spouse's designated Beneficiary
shall receive distribution in full by the end of the fifth calendar year that contains
the fifth anniversary of the surviving spouse's death or over a period of time
designated by the single life expectancy of the surviving spouse in the year
following the year of death and reduced by one for each subsequent year of
distribution.
B) A non-spousal Beneficiary must be distributed in
full by the end of the fifth calendar year that contains the fifth anniversary
of the Participant's death, or distributed in full over a period of time
designated by the single life expectancy of the Beneficiary in the year
following year of death and reduced by one for each subsequent year of
distribution.
C) A Non-Designated Beneficiary must be distributed in
full by the end of the calendar year that contains the fifth anniversary of the
Participant's death.
2) If the Participant dies on or after the required
beginning date:
A) The Beneficiary may elect to receive distribution
for the period of time up to, but not longer than, the Participant's life
expectancy in the year of death, determined by the Single Life Expectancy Table
and reduced by one each subsequent year, or the Beneficiary's recalculated
single life expectancy as of the year following the year of death of the Participant.
A non-spousal Beneficiary must have that age reduced by one for each
subsequent year of distribution.
B) A surviving spouse may elect distributions over the
surviving spouse's own single life expectancy. In the case of the death of the
surviving spouse, this period of time may be used to continue payments to the
spouse's declared Beneficiaries.
C) A Non-Designated Beneficiary must be distributed in
full by the end of the calendar year that contains the fifth anniversary of the
Participant's death.
3) If the account holder is a Designated
Beneficiary, distributions to a successor Beneficiary may continue at least as
quickly as, but no longer than, the single life expectancy of the deceased
designated Beneficiary reduced by one for each subsequent year of distribution.
b) If the Participant dies on or after January 1,
2022, before the account has been exhausted, the remaining account values shall
be paid to the Eligible Designated Beneficiary, Designated Beneficiary, or Non-Designated
Beneficiary. The Beneficiary shall have the right to elect the time and method
of distribution, subject to the limitations set forth by the Plan,
notwithstanding Section 2700.730(b), in the following manner:
1) An Eligible Designated
Beneficiary that is a surviving spouse may elect to receive distributions over
the period of time up to, but not longer than, the Beneficiary single life
expectancy, or in full by the end of the calendar year that contains the tenth
anniversary of the Participant's death.
If no election is made by
September 30 of the year following the year of the Participant's death or year in
which the Participant would have attained the applicable age as defined under
Code section 401(a)(9), whichever is later, then the account will be
distributed in
full by the end of the calendar year
that contains the tenth anniversary of the Participant's death.
2) An Eligible Designated
Beneficiary that is not a surviving spouse may elect to receive distributions
over the period of time up to, but not longer than, the Beneficiary's single
life expectancy, or in full by the end of the calendar year that contains the
tenth anniversary of the Participant's death.
A) If no
election is made by September 30 of the year following the year of the Participant’s
death or year the Participant would have attained the applicable age as defined
under Code section 401 (a)(9), whichever is later, then the account will be
distributed in
full by the end of the calendar year
that contains the tenth anniversary of the Participant's death.
B) A
minor child shall cease to be an Eligible Designated Beneficiary as of the date
the individual reaches majority and any remaining account value must be
distributed within 10 years after that date.
3) Any other Designated Beneficiary must be
distributed in full by the end of the calendar year that contains the tenth
anniversary of the Participant's death.
4) A Non-Designated Beneficiary must be distributed
in full by the end of the calendar year that contains the fifth anniversary of
the Participant's death.
5) In the case that a Designated Beneficiary dies
before the account has been entirely distributed, rules for distributions to a
successor Beneficiary are as follows:
A) Upon
the death of a Designated Beneficiary, the account shall be entirely
distributed to a successor Beneficiary by the date the Designated Beneficiary
would have been required to receive a complete distribution.
B) Upon
the death of an Eligible Designated Beneficiary who is not a surviving spouse,
the account shall be distributed to a successor Beneficiary within 10 years
after the death of the Eligible Designated Beneficiary.
C) Upon
the death of an Eligible Designated Beneficiary who is a surviving spouse:
i) If
the surviving spouse dies before distributions have begun, then the surviving
spouse becomes the Participant for purposes of this Section and for the
purposes of distributions to a successor Beneficiary.
ii) If
the surviving spouse dies after distributions have begun but before the account
is entirely distributed, the remaining account value shall be entirely
distributed to a successor Beneficiary within 10 years after the death of the
Eligible Designated Beneficiary.