Cleaning Up After Formula 409

The UPIA’s treatment of retirement benefits should be reformed.

After the death of (1) a participant in an employer-sponsored tax-qualified retirement plan that’s a defined contribution plan, or (2) an individual who accumulates an individual retirement account, the benefits from those plans/accounts are payable to a beneficiary. In most cases, the beneficiary is designated by the plan participant or IRA owner. When a trust is named as beneficiary, the trustee of the trust so named will frequently establish an inherited IRA, then effectuate a direct

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