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When the Stretch Snaps: Computing DamagesWhen the Stretch Snaps: Computing Damages

When a retirement plan participant dies, the Internal Revenue Code's minimum distribution rules generally require that the plan benefits be distributed in annual installments over the life expectancy of the participant's designated beneficiary.1 Most advisors know that this post-death life expectancy of the beneficiary or so-called payout of retirement benefits can be a valuable tax deferral option

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Michael J. Jones & Natalie B. Choate

When a retirement plan participant dies, the Internal Revenue Code's minimum distribution rules generally require that the plan benefits be distributed in annual installments over the life expectancy of the participant's designated beneficiary.1 Most advisors know that this post-death “life expectancy of the beneficiary” or so-called “stretch” payout of retirement benefits can be a valuable tax deferral option for the beneficiary, especially when that beneficiary is young.2

Unfortunately, the stretch payout option can easily be lost. If the participant names the wrong sort of beneficiary (such as his estate), the stretch payout will not be available.3 If the account is distributed in full upon the parti...

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About the Authors

Michael J. Jones

Partner, Thompson Jones LLP

Mike is a partner in Thompson Jones LLP. His tax consulting practice focuses on sophisticated wealth transfer strategy, trust and probate matters (both administration and controversy resolution), family business transitions, and taxpayer representation before the IRS. He is a noted authority on estate planning for IRA and retirement plan benefits, and chairs Trusts & Estates magazine's Retirement Benefits Committee. Mike was listed among CPA Magazine's Top 50 IRS Practitioners and Top 40 Tax Advisors to Know During a Recession.

Natalie B. Choate

Of Counsel

http://www.nutter.com/

Natalie B. Choate is an Of Counsel in the Trusts and Estates Department. Her practice is limited to estate planning for retirement benefits. Her two books, Life and Death Planning for Retirement Benefits and The QPRT Manual, are leading resources for estate planning professionals.

Natalie is the founder and former chair of the Boston Bar Estate Planning Committee; a former chair of the Boston Bar Employee Benefits Committee; and a member and former officer of the Boston Probate and Estate Planning Forum. She is a fellow and former Regent of the American College of Trust and Estate Counsel and former chairman of its Employee Benefits Committee. Named “Estate Planner of the Year” by the Boston Estate Planning Council, Natalie is listed in The Best Lawyers in America. The National Association of Estate Planners and Councils has awarded Natalie the “Distinguished Accredited Estate Planner” designation.

Her articles on estate planning topics have been published in ACTEC Notes, Estate Planning, Trusts and Estates, Tax Practitioners Journal and Tax Management. She is an editorial advisor for Trusts and Estatesmagazine. She writes a web column and “podcast” for MorningstarAdvisor.com

Natalie has taught professional-level courses in estate planning in 49 states, and has spoken at the Heckerling, Notre Dame, Heart of America, New England, Southern California, Mississippi, Tennessee, Washington State and Southern Federal Tax Institutes. Her comments on estate and retirement planning have been quoted in The Wall Street Journal, Money, Newsweek, Kiplinger’s Personal Finance, Forbes, Financial Planning, Financial World and The New York Times.