Conditions

(d) Conditions. A fiduciary shall qualify for the safe harbor described in paragraph (c) of this section if: (1) The distribution described in paragraph (b) of this section is made to any of the following transferee entities (i) To an individual retirement plan within the meaning of section 7701(a)(37) of the Code; (ii) In the case of a distribution on behalf of a designated beneficiary (as defined by section 401(a)(9)(E) of the Code) who is not the surviving spouse of the deceased participant, to an inherited individual retirement plan (within the meaning of section 402(c)(11) of the Code) established to receive the distribution on behalf of the nonspouse beneficiary; (iii) In the case of a distribution by a qualified termination administrator (other than a bankruptcy trustee described in 2578.1(j)(3) of this chapter or an eligible designee described in 2578.1(j)(4)(ii) of this chapter) with respect to which the amount to be distributed is $1,000 or less and that amount is less than the minimum amount required to be invested in an individual retirement plan product offered by the qualified termination administrator to the public at the time of the distribution, to: (A) An interest-bearing federally insured bank or savings association account in the name of the participant or beneficiary, (B) The unclaimed property fund of the State in which the participant's or beneficiary's last known address is located, or (C) An individual retirement plan (described in paragraph (d)(1)(i) or (d)(1)(ii) of this section) offered by a financial institution other than the qualified termination administrator to the public at the time of the distribution; or (iv) In the case of a distribution by a bankruptcy trustee as described in 2578.1(j)(3) of this chapter or an eligible designee as described in 2578.1(j)(4)(ii) of this chapter with respect to which the amount to be distributed is $1,000 or less and such bankruptcy trustee or eligible designee, after reasonable and good faith efforts, is unable to locate an individual retirement plan provider who will accept the distribution, to either distribution option described in paragraph (d)(1)(iii)(A) or (B) of this section. (v) Notwithstanding paragraphs (d)(1)(iii) and (iv) of this section (A) The qualified termination administrator may disregard the $1,000 threshold therein if the qualified termination administrator reasonably and in good faith finds that

Source

29 CFR § 2550.404a-3


Scoping language

None
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