The Tax Reform Act of 1986 established the ESOP diversification rules under IRC Section 401(a)(28). As a result, the ESOP diversification provisions do not apply to employer securities held by an ESOP that were acquired before January 1, 1987.

We have recently discussed some of the statutory ESOP distribution rules:

We have been discussing the ESOP distribution timing rules and the distribution timing rules applicable to all qualified plans. The Internal Revenue Code provides that a qualified plan may process distributions of $5,000 or less without the written consent of the participant.

The ESOP distribution timing rules for terminations due to Death, Disability, and Retirement and Other Separations of Service are in addition to the distribution rules that apply to all qualified plan distribution rules. Generally speaking, the Internal Revenue Code does not allow the assignment of an account balance. It does make an exception for an alternate payee under a qualified domestic relations order (QDRO):

The ESOP distribution timing rules for terminations due to Death, Disability, and Retirement and Other Separations of Service are in addition to the distribution rules that apply to all qualified plan distribution rules. The Internal Revenue Code provides that distributions must generally begin no later than the 60th day after 1) the later of age 65 (or the normal retirement age if earlier), 2) the 10th anniversary of participation in the plan, and 3) termination from service.

We have discussed the ESOP distribution timing rules for terminations due to Death, Disability, and Retirement and Other Separations of Service. If there is an outstanding ESOP loan, the Internal Revenue Code allows payments to be deferred until the close of the plan year in which the loan is paid in full.

We previously discussed the ESOP Distribution Timing rules for Death, Disability, and Retirement. The Internal Revenue Code provides that ESOP distributions to participants that terminate for reasons other than death, disability, or retirement must begin no later than 1 plan year after the end of the 5th plan year after the year of termination. For example (assuming a 12/31 plan year end), if a participant terminates on June 29, 2009, the participant must begin receiving payments after the December 31, 2014 allocation is completed (which should be sometime in 2015), and the payment must begin by December 31, 2015.