For applications submitted to conform to the 2020 RA List

Employee                                                       Explanation No. 9

Benefit                                                        Required

                                                               Distributions
Plans

Note:                                                          The purpose of Worksheet Number 9 (Form 8387) and this 
                                                               explanation is to assist the specialist in determining whether a 
Plans submitted during the 2020 Required Amendment List        plan satisfies the distribution requirements of Internal Revenue 
submission period must satisfy the applicable changes in       Code  section  401(a)(9),  in  accordance  with  the  Final  and 
plan qualification requirements listed in Section IV of Notice Temporary regulations under section 401(a)(9), published in 
2020-83, 2020-50 I.R.B. 1597 (the 2020 RA List).               the  Federal  Register  on April  17,  2002.  However,  for  plans 
                                                               in existence prior to 2003, required minimum distributions 
This publication contains copies of:                           may have been made in accordance with previous proposed 
Form 8387, Worksheet 9                                         regulations published in 1987 and 2001. See Rev. Proc. 2002-
Form 8399, Deficiency Checksheet 9                             29, 2002-1 C.B. 1176 for background on when these earlier 
                                                               regulations could be used and refer to such earlier regulations 
These forms are included as examples only and should not 
                                                               for distribution rules prior to 2003, if applicable. 
be completed and returned to the Internal Revenue Service.
                                                               The sections cited at the end of each paragraph of explanation 
                                                               are  to  the  Internal  Revenue  Code  and  the  Income  Tax 
                                                               Regulations.

                                                               The technical principles in this publication may be changed by 
                                                               future regulations or guidelines.

Publication 7004 (Rev. 6-2021) Catalog Number 36179Q Department of the Treasury Internal Revenue Service www.irs.gov

Page 2                                                                       For applications submitted to conform to the 2020 RA List

I. Distributions Before Death
Lines a - d. A qualified plan must provide that distributions to each participant must commence by the participant’s required beginning date. 
For years beginning before 1997, the required beginning date for a participant (other than a participant in a governmental or a church plan) 
was April 1 of the calendar year following the calendar year in which the participant attained age 70½. The required beginning date for a 
participant in a governmental or church plan was April 1 of the calendar year following the later of the calendar year in which the participant 
attained age 70½ or the calendar year in which the participant retired. 
For years beginning after 1996, the rules changed for plans other than governmental and church plans. The required beginning date for 
a participant (other than a 5-percent owner) is April 1 of the calendar year following the later of the calendar year in which the participant 
attains age 70½ or the calendar year in which the participant retires. A participant’s accrued benefit in a defined benefit plan must be 
actuarially increased to take into account the period after age 70½ in which the participant was not receiving any benefits under the plan. 
(See Explanation #2A for a discussion of the actuarial increase). This required beginning date also applies to a participant in a governmental 
or church plan, except that no actuarial increase described above must be provided. The required beginning date for a 5-percent owner 
continues to be April 1 of the calendar year following the calendar year in which the participant attains age 70½. 
For years beginning after 1996, with respect to a participant (other than a 5-percent owner) there are several choices. The required plan 
language will vary depending on the three basic choices below. 
1)  The plan may continue to require participants to commence benefit distributions no later than April 1 of the calendar year after the 
       calendar year in which a participant reaches age 70½. If a plan retains this language, a participant who dies after that date will be 
       treated as dying after the required beginning date under section 401(a)(9) for purposes of determining distributions after death. 
       However, the required beginning date for purposes of the excise tax under section 4974 (excise tax on excess accumulations) and 
       402(c) (eligible rollover distributions) is determined as if the required beginning date is April 1 of the calendar year after the later 
       of the calendar year the participant attained age 70½ or retired. Thus, no excise tax will apply prior to the calendar year in which 
       the participant (other than a 5-percent owner) retires and distributions prior to that calendar year will be eligible for rollover, unless 
       they are precluded for some other reason. 
2)  The plan may provide that benefit distributions must commence by April 1 of the calendar year following the later of the calendar 
       year in which the participant attains age 70½ or the calendar year in which the participant retires, except that benefit distributions 
       to a participant with respect to benefits accrued as of the later of the adoption or effective date of the amendment to the plan that 
       implements the changes to the required beginning date of this paragraph must commence by the April 1 of the calendar year 
       following the calendar year in which the participant attains age 70½. 
3)  The plan may provide that benefit distributions must commence by April 1 of the calendar year following the later of the calendar 
       year in which the participant attains age 70½ or retires. 
Choice (3) above may only be elected if (i) it corresponds to an amendment previously made to the plan pursuant to section 1.411(d)-4, 
Q&A-10(b) of the regulations (described below) or (ii) it does not eliminate an age 70½ distribution option, as described in the preceding 
regulation, because either (A) the plan is a new plan or (B) the plan contains provisions below allowing a participant to elect whether or 
not to defer distributions or the plan already offers a pre-retirement distribution option at least as generous as the deferral option below. 
A plan may provide for an option allowing a participant attaining age 70½ in years after 1995 to make an election by April 1 of the calendar 
year following the year in which the participant attained age 70½ (or by December 31, 1997 in the case of a participant attaining age 70½ 
in 1996) to defer distributions until a date specified in the plan that is no later than the April 1 of the calendar year following the calendar 
year in which the participant retires, or to begin receiving distributions by the April 1 of the calendar year following the year in which the 
participant attained age 70½ (or by December 31, 1997 in the case of a participant attaining age 70½ in 1996). 
A plan amendment to provide for such an option to defer must have been made retroactively effective in accordance with the pre-amendment 
operation of the plan by the end of the GUST remedial amendment period. A plan may still provide for this option to defer after the expiration 
of the GUST remedial amendment period, but may no longer make it retroactively effective. 
Section 411(d)(6) provides that the accrued benefit of a participant may not be decreased by a plan amendment. The right to commence 
benefits in any form at a particular time is a separate optional form of benefit protected from elimination. The relief provisions of section 
1.411(d)-4, Q&A-10, of the Income Tax Regulations, however, permit the elimination of the age 70½ option with respect to certain employees, 
as provided above, and also give examples of circumstances under which no relief is required under section 411(d)(6). The relief under 
section 411(d)(6) is only for amendments adopted within the GUST remedial amendment period. 
A plan may also provide for an option allowing a participant attaining age 70½ in years prior to 1997 to stop distributions that had previously 
commenced  and  to  recommence  distributions  at  a  later  date,  that  is  no  later  than April  1  of  the  calendar  year  following  the  year  in 
which the participant retires, and that specifies, in accordance with Notice 97-75, that there is either a new annuity starting date upon 
recommencement for purposes of determining the applicable spousal consent rules under section 417, or that there is no new annuity 
starting date upon recommencement. This amendment must correspond to an amendment previously made to the plan, in accordance 
with Notice 97-75.

Page 3                                                                        For applications submitted to conform to the 2020 RA List

Line e. For a defined benefit plan, an actuarial increase is required with respect to a participant who retires in a calendar year after 
the calendar year in which the participant attains age 70½ for the period after age 70½ in which the participant was not receiving any 
benefits under the plan. The actuarial increase required to satisfy section 401(a)(9)(C)(iii) must be provided for the period starting on 
April 1 following the calendar year in which the employee reaches age 70½, or January 1, 1997, if later, and ending on the date on which 
benefits commence after retirement in an amount sufficient to satisfy section 401(a)(9). For requirements on plan amendments to provide 
for actuarial increases for participants who retire in a calendar year after they reach age 70½, see Explanation No. 2A, Minimum Vesting 
Standards, Defined Benefit Plans. 
For the special rule governing distributions to participants who made, and still have in effect, valid elections under section 242(b)(2) of 
TEFRA, see IV below.
401(a)(9)(A) and (C) Reg. 1.401(a)(9)-6, Q&A-7, Notice 97-75. 

Line f. When the distribution of the participant’s entire interest is not made in a lump sum, the plan must require the distribution to be made 
in one or more of the following ways: over the life of the participant, over the life of the participant and a designated beneficiary, over a 
period certain not extending beyond the life expectancy of the participant, or over a period certain not extending beyond the joint life and 
last survivor expectancy of the participant and a designated beneficiary. 
401(a)(9)(A), Reg. 1.401(a)(9)-2 Q&A-1.

Line g. Section 2203(a) of the CARES Act added § 401(a)(9)(I) to the Code. Section 401(a)(9)(I)(i) provides for a waiver of RMDs for 
defined contribution plans and IRAs for 2020. Section 401(a)(9)(I)(ii) provides that this waiver also applies to the 2019 RMD for an individual 
who has a required beginning date of April 1, 2020, that was not paid in 2019 (and therefore would have been due to be paid between 
January 1, 2020 and April 1, 2020). Section 401(a)(9)(I)(iii)(II) provides that if the rule described in § 401(a)(9)(B)(ii) applies to a beneficiary 
(under which the entire amount of the plan must be distributed within 5 years of the participant’s death), then the 5-year period is determined 
without regard to 2020. Section 401(a)(9)(I)(iii)(I) provides that an individual’s required beginning date is determined without regard to § 
401(a)(9)(I) for purposes of applying § 401(a)(9) for calendar years after 2020. Section 2203(c) of the Act provides for § 411(d)(6) relief.
This RMD waiver is similar to the 2009 RMD waiver provided by section 201 of the Worker, Retiree, and Employer Recovery Act of 2008 
(WRERA), Pub. L. 110-458, 122 Stat. 5092 (2008).
Notice 2021-51, 2020-29 I.R.B. 73.

II. Distributions After Death
Line a. A qualified plan must provide that if the participant dies before distributions of his or her entire interest is completed, but after 
distributions have commenced under a method that satisfies I above, the remaining portion will be distributed at least as rapidly as under 
the method of distribution being used on the date of the participant’s death using the participant’s remaining life expectancy if there is 
no designated beneficiary, and if there is a designated beneficiary, using the remaining life expectancy of either the participant or the 
designated beneficiary, whichever is longer.
401(a)(9)(B)(i), Reg. 1.401(a)(9)-2 Q&A-5, 1.401(a)(9)-5, Q&A-5, Notice 97-75.

Line b. A qualified plan must provide that if a participant dies before distributions are treated as having begun to the participant, distributions 
will be made as follows. Any portion of the participant’s interest that is not distributed to a beneficiary designated by the participant must 
be distributed by the end of the calendar year which contains the fifth anniversary of the date of the participant’s death (the five-year rule). 
Any portion of the participant’s interest that is payable to a beneficiary designated by the participant must be distributed either under the 
five-year rule or under the following exception to the five-year rule (the life expectancy rule). Under the life expectancy rule, the portion of 
the participant’s interest payable to a designated beneficiary must be distributed, commencing not later than the end of the calendar year 
immediately following the calendar year in which the participant died, over the life of the beneficiary or over a period not extending beyond 
the life expectancy of the beneficiary. If the designated beneficiary is the participant’s surviving spouse, distributions to the spouse may 
be postponed until the end of the calendar year in which the participant would have attained 70½, and if the surviving spouse dies before 
distributions to such spouse begin, the date of death of the surviving spouse will be substituted for the date of death of the participant in 
applying the five-year rule and the life expectancy rule. If a plan does not adopt an optional provision specifying the method of distribution 
after the death of the participant or allow participants or beneficiaries to elect on an individual basis whether the 5-year rule or the life 
expectancy rule applies, the default rule when the participant has a designated beneficiary is the life expectancy rule. A plan may adopt a 
provision that permits employees (or beneficiaries) to elect, in accordance with section 1.401(a)(9)-3 of the regulations, on an individual 
basis whether the five-year rule or the life expectancy rule applies to distributions after the death of an employee who has a designated 
beneficiary. 
401(a)(9)(B)(ii), (iii), and (iv), Reg. 1.401(a)(9)-3 Q&A-1-5, Reg. 1.401(a)(9)-5, Q&A-5, Notice 97-75.

III. Minimum Distribution Requirements
Regulation section 1.401(a)(9)-5 describes the minimum distribution that must be made to a participant or beneficiary in each distribution 
calendar year in order to satisfy section 401(a)(9). Section 401(a)(9)(G) also provides that any distribution that is required under the 
incidental death benefit requirement of section 401(a) (i.e., the requirement that death and other nonretirement benefits payable under the 
plan be incidental to the primary purpose of the plan) is to be treated as a distribution required under section 401(a)(9).

Page 4                                                         For applications submitted to conform to the 2020 RA List
A plan must therefore provide that distributions will be made in accordance with the regulations under section 401(a)(9), including the 
incidental death benefit requirement under section 401(a)(9)(G). A plan may, of course, also set forth the manner of calculation of minimum 
distributions, provided such provisions are not inconsistent with section 401(a)(9) and the regulations thereunder. In addition, any plan 
provisions regarding optional provisions governing plan distributions may not conflict with section 401(a)(9) and the regulations thereunder. 
Section 1.401(a)(9)-6 of the regulations applies specifically to defined benefit and defined contribution plans using annuity contracts. That 
section provides details on a plan’s ability to make payments using a term-certain annuity or an annuity that increases over the payout 
period, without violating the incidental benefit rule. Section 1.401(a)(9)-8 of the regulations provides special rules, including rules applicable 
to separate accounts. 
Section 401(a)(9)(H) provides that section 401(a)(9) does not apply to defined contribution plans for 2009. 
401(a)(9)(A), (B), (G), and (H), Regs. 1.401(a)(9)-1 Q&A-3, 1.401(a)(9)-6, 1.401(a)(9)-8, Notice 2009-82, 2009-2 C.B. 491.

IV. TEFRA Transitional Rule
Section 242(b)(2) of TEFRA permitted a participant to make a transitional rule election that would govern the distribution made to the 
participant. If the participant made such an election, and the election is still valid, the distribution made pursuant to the election must satisfy 
the requirements of IRC section 401(a)(9) as in effect on December 31, 1983. Such a distribution must also satisfy the spousal consent and 
other survivor benefit rules of sections 401(a)(11) and 417. 
Reg. 1.401(a)(9)-8 Q&A-13-16. 

V. Qualified Longevity Annuity Contracts
Line a. Regulation section 1.401(a)(9)-5, Q&A-3(d) provides that for purposes of computing minimum required distributions that must be 
made to a participant or beneficiary in each distribution calendar year in order to satisfy section 401(a)(9), the account balance in a defined 
contribution plan does not include the value of any qualifying longevity annuity contract (QLAC). As defined in Q&A–17 of Reg. 1.401(a)
(9)–6, a QLAC is an annuity contract that is purchased from an insurance company on or after July 2, 2014, for the benefit of an employee 
under the plan in order to provide longevity protection. 
In order to be a QLAC, an annuity contract must satisfy each of the following requirements: (1) Premiums for the contract satisfy applicable 
limitations (as noted below); (2) The contract provides that distributions under the contract must commence not later than a specified 
annuity starting date that is no later than the first day of the month next following the 85th anniversary of the employee’s birth; (3) The 
contract provides that, after distributions under the contract commence, those distributions must satisfy all applicable minimum distribution 
requirements (other than the requirement that annuity payments commence on or before the required beginning date); (4) The contract 
does not make available any commutation benefit, cash surrender right, or other similar feature; (5) No benefits are provided under the 
contract after the death of the employee other than payment of a life annuity payable to the surviving spouse where the periodic annuity 
payment is not in excess of 100 percent of the periodic annuity payment that is payable to the employee; (6) When the contract is issued, 
the contract (or a rider or endorsement with respect to that contract) states that the contract is intended to be a QLAC; and (7) The contract 
is not a variable contract under section 817, an indexed contract, or a similar contract, except to the extent provided by the Commissioner 
in revenue rulings, notices, or other guidance.

Line b. In order to constitute a QLAC, the amount of the premiums paid for the contract under the plan on a given date cannot exceed 
both a dollar and a percentage limitation. The dollar limitation is an amount equal to the excess of (i) $125,000 (as adjusted by the 
Commissioner) over the sum of (A) The premiums paid before that date with respect to the contract, and (B) premiums paid on or before 
that date with respect to any other contract that is intended to be a QLAC and that is purchased for the employee under the plan, or any 
other plan, annuity, or account described in section 401(a), 403(a), 403(b), or 408 or eligible governmental plan under section 457(b). 
The percentage limitation is an amount equal to the excess of (i) 25 percent of the employee’s account balance under the plan (including 
the value of any QLAC held under the plan for the employee) as of that date, over (ii) The sum of (A) premiums paid before that date with 
respect to the contract, and (B) premiums paid on or before that date with respect to any other contract that is intended to be a QLAC and 
that is held or was purchased for the employee under the plan. 
For purposes of applying the 25 percent limit, an employee’s account balance on the date on which premiums for a contract are paid is 
the account balance as of the last valuation date preceding the date of the premium payment, increased for contributions allocated to the 
account during the period that begins after the valuation date and ending before the date the premium is paid and decreased for distributions 
made from the account during that period. Note that although the value of a QLAC is excluded from the account balance used to determine 
required minimum distributions, the value of a QLAC is included in the account balance for purposes of applying the 25-percent limit.
If an annuity contract fails to be a QLAC solely because a premium for the contract exceeds the above limits, then the contract is not 
a QLAC beginning on the date that premium payment is made unless the excess premium is returned to the non-QLAC portion of the 
employee’s account. If the contract fails to be a QLAC, then the value of the contract may not be disregarded for required minimum 
distribution calculation purposes as of the date on which the contract ceases to be a QLAC. If the excess premium is returned (either 
in cash or in the form of a contract that is not intended to be a QLAC) to the non-QLAC portion of the employee’s account by the end of 
the calendar year following the calendar year in which the excess premium was originally paid, then the contract will not be treated as 
exceeding the prescribed limitations at any time, and the value of the contract will not be included in the employee’s account balance. If the 
excess premium (including the fair market value of an annuity contract that is not intended to be a QLAC, if applicable) is returned to the 

Page 5                          For applications submitted to conform to the 2020 RA List
non-QLAC portion of the employee’s account after the last valuation date for the calendar year in which the excess premium was originally 
paid, then the employee’s account balance for that calendar year must be increased to reflect that excess premium in the same manner as 
an employee’s account balance is increased to reflect a rollover received after the last valuation date.

Line c. The plan must provide that distributions under the contract will commence not later than a specified annuity starting date that is 
no later than the first day of the month next following the 85th anniversary of the employee’s birth. After distributions under the contract 
commence,  those  distributions  must  satisfy  all  applicable  minimum  distribution  requirements  from  that  point  forward  (other  than  the 
requirement that annuity payments commence on or before the required beginning date). 
Note that a QLAC could allow an employee to elect an earlier annuity starting date than the specified annuity starting date, but is not 
required to provide an option to commence distributions before the specified annuity starting date.
§ 1.401(a)(9)–5; § 1.401(a)(9)–6

                                                                                     For applications submitted to conform to the 2020 RA List
                                              Employee Benefit Plan 

                                     Required Distributions 
                                   (Worksheet Number 9 – Determination of Qualification)
Instructions – All items must be completed. A “Yes” answer generally indicates a favorable conclusion is warranted, while a “No” 
answer indicates a problem exists. Please use the space on the worksheet to explain any “No” answer. See Publication 7004, 
Explanation Number 9, for guidance in completing this form.
The technical principles in this worksheet may be changed by future regulations or guidelines
Name of plan

I. Distributions Before Death                                                                        Plan Reference         Yes No            N/A
a. Does the plan require that distributions to participants who are 5-percent owners 
commence not later than the April 1 of the calendar year following the calendar year 
in which the participant attains age 70 ½ [0902]
b. Does the plan require that distributions to participants who are not 5-percent owners commence by the April 1 of the calendar year 
following (plan must provide for one of the following options): [0903]
(i) The calendar year in which the participant attains age 70 ½ or
(ii) The later of the calendar year in which the participant attains age 70 ½ or retires, 
     except that benefits accrued as of the later of the adoption or effective date of the 
     amendment to the plan that implements the changes to the required beginning 
     date of this paragraph must commence by the April 1 following the calendar year 
     in which the participant attains age 70 ½
(iii) The later of the calendar year in which the participant attains age 70 ½ or retires?
c. If b.(iii) applies, does the plan give any participant (other than a 5-percent owner) 
who attains age 70 ½ after 1995 the option of commencing distributions by April 1 
following age 70 ½ or deferring distributions until April 1 of the calendar year 
following the calendar year in which the participant retires? [0905]
Note: The plan with a required beginning date under b(iii) above must also include plan language under c unless it already contains an amendment 
pursuant to section 1.411 (d)-4, Q&A-10(b) of the regulations, or it does not eliminate an age 70 ½  distribution option, as described in section 1.411 
(d)-4 because one or more of the following applies: it is a new plan, or already offers a pre-retirement distribution option at least as generous as c.
d. If the plan allowed a participant who attained age 70 ½ before 1997 to stop 
receiving distributions and recommence them at a later date, does the plan provide 
that there is either (i) a new annuity starting date or (ii) no new annuity starting date 
when distributions recommence? [0907]
e. If applicable, does the plan (if a defined benefit plan) require actuarial increases for 
a participant (other than a 5-percent owner) who retires in a calendar year after the 
calendar year in which the participant attains age 70 ½. for the period after age 70½ 
in which the participant was not receiving any benefits under the plan (see 
Explanation #2A)? [0908]
f.  Will distribution of the participant’s entire interest be made in one of the following 
ways: in a lump sum, over the life of the participant, over the lives of a participant 
and a designated beneficiary, over a period certain not extending beyond the life 
expectancy of the participant, or over a period certain not extending beyond the joint 
life and last survivor expectancy of the participant and a designated beneficiary? 
[0909]

g.  Does the plan provide that a participant or beneficiary who would have been 
Thisrequired to receiveformrequiredisminimumprovideddistributions in 2020 (or paidasin 2021anfor the example only and should not be 
     2020 calendar year for a participant with a required beginning date of April 1, 2021) 
     will be given an opportunity to make an election as to whether or not to receive or completed or returned to the Internal Revenue Service
     suspend them? [0926]

Form 8387 (Rev. 6-2021)       Catalog Number 62511I          publish.no.irs.gov                Department of the Treasury - Internal Revenue Service

Page 2                                                                           For applications submitted to conform to the 2020 RA List
II. Distributions After Death                                                              Plan Reference          Yes No        N/A
a. Does the plan provide that, if distributions have commenced before the participant’s 
  death, the remaining interest will be distributed at least as rapidly as under the 
  method being used at the date of the participant’s death? [0911]
b. Does the plan provide that, if distributions have not commenced before the participant’s death, the distribution will be made as set 
  forth in (i) or (ii) or in accordance with an individual election in (iii)? [0912]
  (i) Any portion of the participant’s interest that is not payable to a beneficiary 
       designated by the participant will be distributed by the end of the calendar year 
       which contains the fifth anniversary of the participant’s death?
  (ii) Any portion of the participant’s interest that is payable to a beneficiary designated by the participant will be distributed either –
       A. By the end of the calendar year which contains the fifth anniversary of the 
       participant’s death (5-year rule), or
       B. Over the life of the beneficiary or over a period not extending beyond the life 
       expectancy of the beneficiary, commencing not later than the end of the 
       calendar year immediately following the calendar year in which the participant 
       died (or, if the designated beneficiary is the participant’s surviving spouse, 
       commencing by the end of the calendar year following the calendar year in 
       which the participant died, or if later, by the end of the calendar year in which 
       the participant would have attained age 70 ½ life expectancy rule)?
(iii) The participant (or beneficiaries) may elect on an individual basis whether the 5-
       year rule or the life expectancy rule applies to distributions after the death of a 
       participant who has a designated beneficiary?
III. Minimum Distributions Requirements                                                    Plan Reference          Yes No        N/A
a. Does the plan provide that distributions will be made in accordance with the 
  minimum distribution requirements? [0913]
b.
  (i) Does the plan require that the amount that must be distributed on or before the 
       participant’s required beginning data (or, if the participant dies before 
       distributions begin, the date distributions are required to begin) is the payment 
       that is required for one payment interval? [0914]
  (ii) Does the plan require that the annuity distributions will be paid in periodic 
       payments made at intervals not longer than one year? [0915]
(iii) Does the plan provide that a period certain for any annuity distributions 
       commencing during the life of the employee with an annuity starting date on or 
       after the employee’s required beginning date will not permitted to exceed the 
       applicable distribution period for the employee (determined in accordance with 
       the Uniform Lifetime Table in A-2 of §1.409(a)(9)-9 for the calendar year that 
       contains the annuity starting date? [0916]
(iv) Does the plan provide that once payments have begun over a period certain, the 
       period certain will not be changed, except in limited circumstances in accordance 
       with Treas. Reg. 1.401(a)(9)-6, Q&A 13? [0917]
  (v) Does the plan provide that annuity payments will either be nonincreasing or 
       increase only in accordance with Treas. Reg. 1.401(a)(9)-6, Q&A 14? [0918]
c. Does the plan provide that distributions will be made in accordance with minimum 
  distribution incidental benefit requirements? [0919]
IV. Distributions Pursuant to TEFRA Transitional Rule                                      Plan Reference          Yes No        N/A
a. If any employees made TEFRA transitional rule distribution elections, do the This form is provided as an example only and should not be 
  methods of distribution satisfy the requirements of IRC section 401(a)(9) as in effect 
  on December 31, 1983, and also satisfy sections 409(a)(11) and 417? [0920]completed or returned to the Internal Revenue Service

Form 8387 (Rev. 6-2021)       Catalog Number 62511I     publish.no.irs.gov            Department of the Treasury - Internal Revenue Service

Page 3                                                                 For applications submitted to conform to the 2020 RA List
V. Provisions related to Qualified Longevity Annuity Contracts (QLACs)                   Plan Reference     Yes No N/A
a. Is the plan a defined contribution plan that permits the purchase of QLACs? (If "No," 
do not complete the remainder of this worksheet)
b. Does the plan limit contract premium payments to the lesser of $125,000 (as 
adjusted), or 25 percent of the account balance (determined as of the date of 
payment)? [0921]
(i) Does the plan provide that the dollar limit is calculated across all plans and IRAs 
       in which the employee participates, but that the percentage limit is applied on a 
       plan basis? [0922]
(ii) Does the plan provide for a mechanism to return excess premium payments that 
       are over and above this limit? [0923]
c. Does the plan provide that QLAC distributions must commence no later than age 
85, and will then meet minimum required distribution rules for annuity payments 
prospectively? [0924]

This form is provided as an example only and should not be 

       completed or returned to the Internal Revenue Service

Form 8387 (Rev. 6-2021)  Catalog Number 62511I  publish.no.irs.gov             Department of the Treasury - Internal Revenue Service

                                                               For applications submitted to conform to the 2020 RA List
                         Employee Plan Deficiency Checksheet
                         Attachment Number 9
                         Required Plan Distributions
For IRS Use              Please furnish the amendment(s) requested in the section(s) checked below.
     902    Section       of the plan should be amended to provide that distributions to participants who are 5-percent 
     I.a.   owners must commence not later than the April 1 of the calendar year following the calendar year in which the 
            participant attains age 70½. IRC section 401(a)(9).
     903    Section       of the plan should be amended to require that distributions to participants who are not 
     I.b.   5-percent owners must commence by April 1 of the calendar year following (choose option):
                        (1) the calendar year in which the participant attains age 70½, or
                        (2) the later of the calendar year in which the participant attains age 70½ or retires, except that benefits 
                        accrued as of the later of the adoption or effective date of the amendment to the plan implementing this 
                        required beginning date must commence by April 1 following the calendar year in which the participant 
                        attains age 70½, or
                        (3) the later of the calendar year in which the participant attains 70½ or retires.
     905    Section       of the plan should be amended to give any participant (other than a 5-percent owner) who 
     I.c.   attains age 70½ after 1995 the option of commencing distributions by April 1 of the calendar year following the 
            year in which the participant reached age 70½ or deferring distributions until April 1 of the calendar year in 
            which the participant retires.
     907    Section       of the plan must have been amended by the end of the GUST remedial amendment period to 
     I.d.   specify either a new annuity starting date or no new annuity starting date upon recommencement of distributions 
            for participant who attained age 70½ before 1997 and had been allowed to stop receiving distributions and 
            recommence them at a later date in accordance with Q&A 7 and 8 of Notice 97-75, 1997-2 C.B. 337.
     908    Section       of the plan should be amended to require actuarial increases for a participant who retires in a 
     I.e.   calendar year after the calendar year in which the participant attains age 70½, for the period after age 70½ in 
            which the participant was not receiving any benefits under the plan. IRC section 401(a)(9)(C)(iii).
     909    Section       of the plan should be amended to provide that when the distribution of the participant’s entire 
     I.f.   interest is not made in a lump sum, the distribution will be made in one or more of the following ways: over the 
            life of the participant; over the life of the participant and a designated beneficiary; over a period certain not 
            extending beyond the life expectancy of the participant; or over a period certain not extending beyond the joint 
            life and last survivor expectancy of the participant and a designated beneficiary. IRC section 401(a)(9)(A)(ii).
     911    Section       of the plan should be amended to provide if distribution has commenced before the 
     II.a.  participant’s death, the remaining interest will be distributed at least as rapidly as under the method of 
            distribution being used as of the date of the participant’s death. IRC section 401(a)(9)(B)(i) and Reg. 1.401(a)
            (9)-2, Q&A 5.
     912    Section       of the plan should be amended to ensure that the method of distribution, if the participant dies
     II.b.  before distributions commence, satisfies the following requirements: (a) any remaining portion of the 
            participant’s interest that is not payable to a beneficiary designated by the participant will be distributed by the 
            end of the calendar year which contains the fifth anniversary of the participant’s death; and (b) any portion of the 
            participant’s interest that is payable to a beneficiary designated by the participant will be distributed either (i) by 
            the end of the calendar year which contains the fifth anniversary of the participant’s death, or (ii) over the life of 
            the beneficiary or over a period certain not extending beyond the life expectancy of the beneficiary, commencing 
            not later than the end of the calendar year following the calendar year in which the participant died (or, if the 
            designated beneficiary is the participant’s surviving spouse, commencing by the end of the calendar year foll 
            wing the calendar year in which the participant died or, if later, by the end of the calendar year in which the 
            participant would have attained age 70½). IRC section 401(a)(9)(B)(ii), (iii) and (iv). Reg. 1.401(a)(9)-3.
            Section       of the plan should be amended to allow the participant (or beneficiary) to elect on an 
            individual basis whether the 5-year rule or the life expectancy rule applies to distributions after the death of an 
            employee who has a designated beneficiary, pursuant to Reg. 1.401(a)(9)-3.
            Section       of the plan should be amended to allow the participant (or beneficiary) to elect on an 
            individual basis whether the 5-year rule or the life expectancy rule applies to distributions after the death of an 
            employee who has a designated beneficiary, pursuant to Reg. 1.401(a)(9)-3.
     913    Section       of the plan should be amended to provide that distributions from the plan will be made in 
     III.a. accordance with the requirements of the regulations under section 401(a)(9). Reg. 1.401(a)(9)-1, Q&A 3.

Form 8399 (Rev. 6-2021) Catalog Number 63078O publish.no.irs.gov Department of the Treasury - Internal Revenue Service

                                                                   For applications submitted to conform to the 2020 RA List
     914         Section           of the plan should be amended to provide that the amount that must be distributed on or 
     III.b.(i)   before the participant’s required beginning date (or, if the participant dies before distributions begin, the date 
                 distributions are required to begin) is the payment that is required for one payment interval. Reg. 1.401(a)(9)-6, 
                 Q&A 1.
     915         Section           of the plan should be amended to provide that payment intervals are the periods for which 
     III.b.(ii)  payments are received for example, monthly, bi-monthly, semi-annually, or annually, but in no case made at 
                 intervals longer than one year. Regs. 1.401(a)(9)-6, Q&A 1.
     916         Section           of the plan should be amended to provide that, unless the employee’s sole beneficiary is the 
     III.b.(iii) employee’s spouse, the period certain for an annuity distribution commencing during the participant’s lifetime 
                 may not exceed the applicable distribution period for the participant under the Uniform Lifetime Table set forth in 
                 section 1.409(a)(9)-9 of the Treasury regulations for the calendar year that contains the annuity starting date. 
                 However, if the employee’s sole beneficiary is the employee’s spouse, the period certain is permitted to be as 
                 long as the joint life and last survivor expectancy of the employee and the employee’s spouse, if longer than the 
                 applicable distribution period for the employee, provided the period certain is not provided in conjunction with a 
                 life annuity. Regs. 1.401(a)(9)-6, Q&A 3, 1.401(a)(9)-9.
     917         Section           of the plan should be amended to provide that once payments have begun over a period 
     III.b.(iv)  certain, the period certain will not be changed, except in limited circumstances in accordance with Reg. 1.401(a)
                 (9)-6, Q&A 13.
     918         Section           of the plan should be amended to provide that annuity payments will either be nonincreasing 
     III.b.(v)   or increase only in accordance with Reg. 1.401(a)(9)-6, Q&A 14. 
     919         Section           of the plan should be amended to provide that distributions from the plan will be made in 
     III.c.      accordance with the requirements of the regulations under section 401(a)(9) with respect to the minimum 
                 distribution incidental benefit requirements. IRC section 401(a)(9)(G) and Reg. 1.401(a)(9)-1, Q&A 3.
     920         Section           of the plan should be amended to require that distributions made pursuant to a TEFRA 
     IV.a.       transitional rule distribution election meet the requirements of IRC section 401(a)(9) as in effect on December 
                 31, 1983, and also satisfy IRC sections 401(a)(11) and 417. Regs. 1.401(a)(9)-8, Q&A 13 and 16.
     921         Section           of the plan should be amended to provide that premium payments for Qualified Longevity 
     V.b.        Annuity Contracts (QLAC) are limited to the to the lesser of $125,000 (as adjusted) or 25 percent of the account 
                 balance under the plan (including the value of any QLAC held under the plan for the employee) determined as 
                 of the date of payment Reg. 1.401(a)(9)-6, Q&A 17.
     922         The premium payment limitations at section         of the plan should be amended to reflect, either (a) that 
     V.b.(i)     the dollar limit is calculated across all plans and IRAs in which the employee participates and/or (b) that the 
                 percentage limit is applied solely with respect to this plan. Reg. 1.401(a)(9)-6, Q&A 17(d).
     923         Section           of the plan must provide a mechanism by which QLAC premium payments in excess of the 
     V.b.(ii)    dollar or percentage limitations are returned. Reg. 1.401(a)(9)-6, Q&A 17(c)(4).
     924         Section           of the plan must provide that QLAC distributions must commence no later than age 85 and 
     V.c.        will then meet minimum required distribution rules for annuity payments on a going forward basis Reg. 1.401(a)
                 (9)-6, Q&A 17(c).
     926         Section           of the plan should be revised to provide that a participant or beneficiary who would have
     I.g.        been required to receive required minimum distributions in 2020 (or paid in 2021 for the 2020 calendar year for 
                 a participant with a required beginning date of April 1, 2021) but for the enactment of section 401(a)(9)(I) of the 
                 Code (2020 RMDs), and who would have satisfied that requirement by receiving distributions that are either (1) 
                 equal to the 2020 RMDs, or (2) one or more payments (that include the 2020 RMDs) in a series of substantially 
                 equal periodic payments made at least annually and expected to last for the life (or life expectancy) of the 
                 participant, the joint lives (or joint life expectancies) of the participant and the participant’s designated 
                 beneficiary, or for a period of at least 10 years (Extended 2020 RMDs), will be given an opportunity to make an 
                 election as to whether or not to receive or suspend otherwise required minimum distributions.

Form 8399 (Rev. 6-2021)  Catalog Number 63078O publish.no.irs.gov           Department of the Treasury - Internal Revenue Service