§ 4978(d)(1)

section not applying to distribution

UNDECIDED

0 of 2 settled

  1. 1

    § 4978(d)(1)

    ANY OF

    This section shall not apply with respect to any distribution of qualified securities (or sale of such securities) which is made by reason of—

    “any distribution of qualified securities (or sale of such securities) which is made by reason of—” Opening words
    “the death of the employee,” § 4978(d)(1)(A)
    “the retirement of the employee after the employee has attained 59½ years of age,” § 4978(d)(1)(B)
    “the disability of the employee (within the meaning of section 72(m)(7)), or” § 4978(d)(1)(C)
    “the separation of the employee from service for any period which results in a 1-year break in service (within the meaning of section 411(a)(6)(A)).” § 4978(d)(1)(D) needs Step 2 1-year break in service UNDECIDED
  2. 2

    § 411(a)(6)(A)

    1-year break in service

    ALL OF
    “a calendar year, plan year, or other 12-consecutive-month period designated by the plan (and not prohibited under regulations prescribed by the Secretary of Labor)”

    “Regulations prescribed by the Secretary” leaves this to Treasury. Cited by Reg. § 1.411(b)(5)-1(d)(2)(ii)(C), Reg. § 54.4978-1T(c)(4)

    “during which the participant has not completed more than 500 hours of service.”