Notwithstanding any contrary provisions, effective for any participant death after December 31, 2021, the following distribution provisions shall take effect subject to any regulations or other guidance issued under the Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019:

(1) If the participant dies before the distribution of his or her entire account (regardless of whether any distributions had begun before the participant’s death) and the participant has a designated beneficiary:

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(a) The entire account shall be distributed to the designated beneficiary by December thirty-first of the calendar year containing the tenth anniversary of the participant’s death;

(b) Notwithstanding subsection (a), if the designated beneficiary is an eligible designated beneficiary, the eligible designated beneficiary may elect for the participant’s account to be distributed by:

(i) December thirty-first of the calendar year containing the tenth anniversary of the participant’s death, or

(ii) Beginning no later than December thirty-first of the calendar year immediately following the calendar year in which the participant died, over the life of the eligible designated beneficiary or over a period not exceeding the life expectancy of the eligible designated beneficiary. If the eligible designated beneficiary is the surviving spouse, payment under this subsection (b)(ii) is not required until the later of December thirty-first of the calendar year immediately following the calendar year in which the participant died or December thirty-first of the calendar year in which the participant would have attained age seventy and one-half (age seventy-two with respect to a participant who would have attained age seventy and one-half after December 31, 2019). If the eligible designated beneficiary does not elect a method of distribution, the participant’s account shall be distributed in accordance with this subsection (b)(ii);

(c) Upon either the death of an eligible designated beneficiary before distribution of the participant’s entire account or the attainment of the age of majority for an eligible designated beneficiary who is a minor child under subsection (4)(b), subsection (1)(b) no longer applies and the remainder of the entire account shall be distributed to the designated beneficiary by December thirty-first of the calendar year containing the tenth anniversary of the participant’s death;

(2) If the participant dies before distributions of his or her account begins and the participant has no designated beneficiary, the participant’s account under the plan shall be distributed by December thirty-first of the calendar year containing the fifth anniversary of the participant’s death. If the participant dies after distribution of the account begins and the participant has no designated beneficiary, any remaining portion of the account shall continue to be distributed at least as rapidly as under the method of distribution in effect at the time of the participant’s death;

(3) Any distribution required under the incidental death benefit requirements of Internal Revenue Code section 401(a) shall be treated as distributions required under this section;

(4) For purposes of this section, the term, eligible designated beneficiary, means a designated beneficiary who, as of the date of the death of the participant, is:

(a) The surviving spouse of the participant;

(b) A child of the participant who has not reached the age of majority. However, the child ceases to be an eligible designated beneficiary as of the date the child reaches the age of majority;

(c) Disabled within the meaning of Internal Revenue Code section 72(m)(7);

(d) Chronically ill within the meaning of Internal Revenue Code section 7702B(c)(2) (except that the requirements of subparagraph (A)(i) thereof may only be treated as met if there is a certification that, as of such date, the period of inability described in such subparagraph with respect to the individual is an indefinite one which is reasonably expected to be lengthy in nature); or

(e) Any other person who is not more than ten years younger than the participant.

Source: SL 2021, ch 28, § 18.