§ 22970.85. — 22970.85. (Amended by Stats. 2023, Ch. 159, Sec. 8.)

California § 22970.85.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 5.
• Title 2.: DIVISION 5. PERSONNEL
• Part 8.: PART 8. SUPPLEMENTAL CONTRIBUTIONS PROGRAM
• Ch. 12.: CHAPTER 12. Distributions and Rollovers

Text

Notwithstanding any other provision of this part, a participant or beneficiary shall not be permitted to elect a distribution under this part that does not satisfy the requirements of paragraph (9) of subsection (a) Section 401 of Title 26 of the United States Code, including the incidental death benefit requirements of subparagraph (G) of paragraph (9) of subsection (a) of Section 401 and the regulations thereunder. The required beginning date of distributions that reflect the entire interest of the participant shall be as follows:
(a)
In the case of a lump sum distribution to the participant, the lump sum payment shall be made not later than April 1 of the calendar year following the later of the calendar year in which the participant attains the age prescribed by Section 401(a)(9)
of the Internal Revenue Code or the calendar year in which the participant terminates employment.
(b)
In the case of a distribution to the participant in the form of periodic payments, payment shall begin not later than April 1 of the calendar year following the later of the calendar year in which the participant attains the age prescribed by Section 401(a)(9) of the Internal Revenue Code or the calendar year in which the participant terminates employment.
(c)
In the case of a benefit payable on account of the participant’s death after distributions to the participant have commenced in the form of periodic payments, the remainder of the participant’s account shall be distributed at least as rapidly as if the participant had not died.
(d)
In the case of a benefit payable on account of the participant’s death before
distributions to the participant have commenced, distributions shall be paid no later than December 31 of the calendar year in which the fifth anniversary of the participant’s date of death occurs unless the benefit is paid over a period not extending beyond the life expectancy of the beneficiary and distributions commence not later than December 31 of the calendar year immediately following the calendar year in which the participant died, or in the event that the beneficiary is the participant’s spouse, distributions must commence on or before the later of either:
(1)
December 31 of the calendar year immediately following the calendar year in which the participant dies.
(2)
December 31 of the calendar year in which the participant would have attained the age prescribed by Section 401(a)(9) of the Internal Revenue Code.

Legislative History

Amended by Stats. 2023, Ch. 159, Sec. 8. (SB 885) Effective January 1, 2024.