accrued benefit

(A)For purposes of this section, the term “accrued benefit” means— (i)in the case of a defined benefit plan, the employee’s accrued benefit determined under the plan and, except as provided in subsection (c)(3), expressed in the form of an annual benefit commencing at normal retirement age, or (ii)in the case of a plan which is not a defined benefit plan, the balance of the employee’s account. (B)Notwithstanding paragraph (4), for purposes of determining the employee’s accrued benefit under the plan, the plan may disregard service performed by the employee with respect to which he has received— (i)a distribution of the present value of his entire nonforfeitable benefit if such distribution was in an amount (not more than the dollar limit under) permitted under regulations prescribed by the Secretary, or (ii)a distribution of the present value of his nonforfeitable benefit attributable to such service which he elected to receive. (C)For purposes of determining the employee’s accrued benefit under a plan, the plan may not disregard service as provided in subparagraph (B) unless the plan provides an opportunity for the participant to repay the full amount of the distribution described in such subparagraph (B) with, in the case of a defined benefit plan, interest at the rate determined for purposes of subsection (c)(2)(C) and provides that upon such repayment the employee’s accrued benefit shall be recomputed by taking into account service so disregarded. This subparagraph shall apply only in the case of a participant who— (i)received such a distribution in any plan year to which this section applies, which distribution was less than the present value of his accrued benefit, (ii)resumes employment covered under the plan, and (iii)repays the full amount of such distribution with, in the case of a defined benefit plan, interest at the rate determined for purposes of subsection (c)(2)(C). (D)The accrued benefit of an employee shall not be less than the amount determined under subsection (c)(2)(B) with respect to the employee’s accumulated contributions.

Source

26 USC § 411(a)(7)(A)


Scoping language

For purposes of this section
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