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Can a Pension Be Passed Down to Children? An Overview of Rules and Options

3 min read

According to the IRS, beneficiaries must receive and take distributions from inherited retirement accounts under specific rules. This is crucial for anyone wondering can a pension be passed down to children and is dependent on the type of pension, the beneficiary's age, and federal tax laws.

Quick Summary

The ability to pass a pension to children depends on the plan type, with defined contribution plans being generally inheritable while defined benefit plans are more restricted. The SECURE Act dramatically changed distribution rules for most non-spouse beneficiaries, with unique exceptions for minor children. Proper beneficiary designation is key for tax and asset management.

Key Points

In This Article

Understanding Pension Inheritance for Children

The ability to pass on a pension to your children depends on the type of pension: a defined contribution (DC) plan or a defined benefit (DB) plan.

The Difference Between Defined Benefit and Defined Contribution Plans

Defined contribution plans, such as 401(k)s, 403(b)s, and IRAs, are investment accounts. The remaining balance at your death can typically be passed on to your named beneficiaries, including your children.

Defined benefit plans provide a fixed monthly income based on factors like salary and years of service. These plans do not have a balance to inherit. They may offer a survivor benefit to a spouse or, in some cases, a limited benefit to a dependent child. Often, the income stream ends upon the death of the annuitant if there is no surviving spouse.

The SECURE Act and Its Impact on Inherited Retirement Plans

The SECURE Act, passed in 2019, changed the rules for beneficiaries inheriting qualified retirement plans after January 1, 2020. It eliminated the "stretch" provision that allowed many non-spouse beneficiaries to spread distributions over their life expectancy.

Most non-spouse beneficiaries, including adult children, are now subject to the 10-year rule. This requires the entire inherited account to be distributed by the end of the tenth year following the owner's death, potentially accelerating the tax burden.

An exception exists for eligible designated beneficiaries (EDBs), such as the account owner's minor children. For these minors, the 10-year period begins when they reach age 21. Trusts are often used for managing assets for minors {Link: Greenbush Financial Group https://www.greenbushfinancial.com/all-blogs/minor-child-inherited-ira-retirement-account}.

Designating a Child as a Beneficiary

Beneficiary designation forms, not a will, control who inherits your retirement plan {Link: Greenbush Financial Group https://www.greenbushfinancial.com/all-blogs/minor-child-inherited-ira-retirement-account}.

  • For Adult Children: Naming an adult child is simple, but they must be aware of the 10-year distribution rule and tax implications.
  • For Minor Children: Naming a minor directly is not advisable as they cannot legally own the assets {Link: Greenbush Financial Group https://www.greenbushfinancial.com/all-blogs/minor-child-inherited-ira-retirement-account}. Alternatives include:
    • Trusts: Establishing a trust allows a trustee to manage assets for the minor. Trusts can be conduit or accumulation trusts.
    • Custodial Account (UTMA/UGMA): A custodian manages funds until the child reaches the state's age of majority.

Comparing Pension Inheritance Options for Children

Feature Defined Benefit (DB) Plan Defined Contribution (DC) Plan (e.g., 401(k), IRA)
Inheritability Highly restrictive. Survivor benefits typically limited. Inheritable; remaining funds go to beneficiaries.
Distribution Rule (Post-2019) No direct payout; follows plan survivor rules. Subject to the 10-year rule for most children {Link: Greenbush Financial Group https://www.greenbushfinancial.com/all-blogs/minor-child-inherited-ira-retirement-account}.
Minor Child Exception Possible for specific dependents under plan rules. 10-year rule delayed until age 21 for minor children of owner {Link: Greenbush Financial Group https://www.greenbushfinancial.com/all-blogs/minor-child-inherited-ira-retirement-account}.
Best Practice for Minors Relies on plan rules. Use a trust or custodial account.
Taxation Survivor benefits are typically taxable. Distributions from traditional accounts are taxed as ordinary income; Roth accounts are tax-free {Link: Greenbush Financial Group https://www.greenbushfinancial.com/all-blogs/minor-child-inherited-ira-retirement-account}.

Conclusion

Defined contribution pensions can generally be passed to children by naming them as beneficiaries. For minors, using a trust or custodial account is recommended due to legal restrictions on direct ownership. The SECURE Act introduced a 10-year distribution rule for most non-spouse beneficiaries, including adult children, but provides an exception for minor children of the account holder. Defined benefit plan inheritance is limited by plan-specific survivor provisions. It's crucial to update beneficiary designations and consult with a professional to align your estate plan and manage tax implications {Link: Greenbush Financial Group https://www.greenbushfinancial.com/all-blogs/minor-child-inherited-ira-retirement-account}.

  • For more information on inherited retirement accounts, please visit the official IRS website on Retirement Topics - Beneficiary.

Frequently Asked Questions

A defined contribution plan (e.g., 401(k), IRA) passes the remaining balance to beneficiaries. A defined benefit plan (traditional pension) is less flexible; survivor benefits are typically a fixed income for a spouse or dependent, not a lump sum for all children.

The SECURE Act of 2019 replaced the "stretch" IRA rule for most non-spouse beneficiaries with a 10-year distribution period. However, a minor child of the account owner has special status, and their 10-year clock is delayed until they reach age 21 {Link: Greenbush Financial Group https://www.greenbushfinancial.com/all-blogs/minor-child-inherited-ira-retirement-account}.

Yes, but you should not name them directly as the beneficiary. Minors cannot own retirement funds until they reach the age of majority. You should instead use a trust or a custodial account (UTMA/UGMA) to manage the money for them {Link: Greenbush Financial Group https://www.greenbushfinancial.com/all-blogs/minor-child-inherited-ira-retirement-account}.

If you don't designate a beneficiary, the funds will be distributed according to your plan's rules or state law. This often means the money will go to your estate, which can result in a lengthy probate process and a lack of control over who receives the funds.

Yes, distributions from inherited traditional (pre-tax) retirement accounts are taxable as ordinary income for the beneficiary. For inherited Roth accounts, distributions are typically tax-free if certain conditions are met.

Naming a trust can be a strategic move, especially for minor children or adult children who you feel may not be responsible with a large sum. A trust offers greater control over how and when the money is distributed, protecting the assets from misuse and potential creditors.

No, Social Security survivor benefits are distinct. Eligible children may receive monthly payments from the Social Security Administration based on a deceased parent's work history, but this is a federal program, not an employer-based pension.

You must complete a beneficiary designation form through your pension plan administrator. This form is separate from your will. It is critical to ensure the information is accurate and up-to-date, especially after significant life events.

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Medical Disclaimer

This content is for informational purposes only and should not replace professional medical advice. Always consult a qualified healthcare provider regarding personal health decisions.