Section 16.24 Earliest Retirement Age Rule

• Library: Family Law Deskbook and 2014 Supp

a. (§16.24) Earliest Retirement Age Rule

Under I.R.C. § 414(p)(4), the alternate payee is permitted to commence receipt of retirement benefits, with more particular reference to those benefits payable from defined benefit pension plans, on the later of:

· “the date the participant attains age 50, or

· the earliest date on which the participant could begin receiving benefits under the plan if the participant separated from service.”

I.R.C. § 414(p)(4)(B)(ii).

This would suggest that in any plan that permits “early retirement” on the basis of, e.g., a mathematical combination of credited service and age, the alternate payee...