A retirement plan trust can play a central role in preserving retirement assets and ensuring your beneficiaries receive intended benefits with minimal administrative burden. At the Law Offices of Robert P. Bergman in Galt, we focus on clear planning for retirement accounts, understanding nuances of beneficiary designations, plan distribution rules, and tax implications under California law. This page outlines what a retirement plan trust is, when it may provide value, and practical steps you can take to coordinate your retirement accounts with your estate plan so beneficiaries are protected and distribution aligns with your wishes.
Retirement plan trusts are tailored vehicles designed to receive assets from qualified retirement accounts and manage those assets according to specific instructions. They can be used to control distributions, provide for minor or vulnerable beneficiaries, and potentially reduce complications when multiple accounts or complex family situations exist. This overview will help you understand how a retirement plan trust fits with other estate planning documents such as wills, revocable living trusts, powers of attorney, and healthcare directives, and why coordination among these documents matters for an orderly transition of retirement assets.
A retirement plan trust can protect retirement assets from unintended distribution, provide controlled payout schedules, and address special family circumstances such as minor children, beneficiaries with disabilities, or blended family dynamics. It also allows you to specify distribution methods that minimize tax impact over time and can help avoid probate-related delays. When retirement accounts are large or beneficiaries might be inexperienced managing funds, a trust arrangement can create clear rules for trustees to follow, reduce potential conflicts, and provide ongoing oversight that aligns with your long term goals for family support and financial security.
The Law Offices of Robert P. Bergman in Galt provides thoughtful estate planning services tailored to clients across Sacramento County and surrounding areas. Our approach emphasizes careful coordination among retirement plan trusts, wills, living trusts, powers of attorney, and health directives to create a cohesive plan that reflects your values. We take time to learn about family dynamics, financial goals, and retirement account characteristics so the plan avoids unintended tax consequences and reduces administrative burdens for beneficiaries. Our goal is practical, reliable planning that stands up to real-life transitions and preserves family relationships.
A retirement plan trust is a trust created to receive retirement account proceeds, such as from IRAs, 401(k)s, or other qualified plans, and to direct how those proceeds are administered after the participant’s death. This arrangement can be particularly useful when beneficiaries are minors, have special needs, or when the account owner wants to control timing of distributions to manage tax consequences. It is important to coordinate beneficiary designations and trust terms so retirement plan administrators can honor the trust while the trust terms comply with required minimum distribution rules and plan policies.
Choosing to name a retirement plan trust involves both estate planning and tax considerations. Trust language must be crafted to satisfy plan administrators and tax code requirements to preserve favorable stretch or distribution treatment where possible. In California, state law overlays federal rules and probate considerations, so a well-drafted trust clarifies successor trustees, distribution timing, and conditions for payout. The trust can provide protections against creditor claims, manage distributions after remarriage or divorce, and ensure that the retirement assets serve intended beneficiaries over time rather than being spent immediately.
A retirement plan trust is a trust instrument designed specifically to receive retirement account proceeds and govern their distribution. It receives assets through beneficiary designation, then the trustee administers payouts according to the trust terms and applicable tax rules. Key components include naming primary and contingent beneficiaries, establishing payout timelines, naming trustees and successor trustees, and setting provisions to address minors, special needs, or spendthrift concerns. Clear coordination with account plan documents ensures the plan administrator recognizes the trust as beneficiary and prevents administrative delays or tax inefficiencies.
Establishing an effective retirement plan trust requires several coordinated steps: drafting trust provisions that meet retirement plan requirements, updating beneficiary designations to name the trust, confirming the trust meets required distribution rules, and ensuring trustees understand their duties and timing obligations. Additional steps include integrating the trust with existing estate plan documents like pour-over wills or revocable living trusts, preparing certification of trust documentation for plan administrators, and reviewing the trust periodically as laws and family circumstances change. Clear communication with financial institutions and custodians helps avoid processing delays.
Understanding common terms used in retirement plan trust discussions helps you make informed decisions. This glossary defines frequently encountered concepts such as beneficiary designation, required minimum distribution, trust protector, decanting, and certification of trust. Clear definitions make it easier to see how a retirement plan trust interacts with other estate planning tools like wills, revocable living trusts, and powers of attorney. By familiarizing yourself with this language, you can better review draft documents, ask targeted questions, and ensure your retirement assets are arranged consistent with your intentions.
A beneficiary designation is the form provided by a retirement plan or account custodian that names who will receive the account assets upon the account holder’s death. For retirement plan trusts, the designation names the trust rather than an individual. This directs plan proceeds into the trust and triggers trust administration according to its terms. It is essential to keep designations current, as beneficiary forms generally override provisions in wills or other estate documents. Coordinating beneficiary forms with trust language avoids conflicts and ensures account proceeds are distributed as intended.
Required minimum distribution rules determine the minimum amounts that must be withdrawn from certain retirement accounts each year after the account owner reaches a specified age or following the ownerâs death. These rules affect how quickly beneficiaries or a trust must distribute inherited retirement assets. When a trust is designated as beneficiary, its terms must allow trustees to follow required distribution schedules to avoid tax penalties and preserve any potential for stretching distributions over time. Proper trust drafting aligns the trust provisions with applicable distribution requirements to avoid unintended tax burdens.
A certification of trust is a concise document that proves the existence and basic authority of a trust without revealing its full terms. Financial institutions and plan administrators often accept a certification of trust to verify trustees and their powers while protecting sensitive trust provisions. Including this document when naming a trust as beneficiary can streamline account administration and reduce the likelihood that institutions will request full trust copies. A certification typically includes information about the trust date, trustees, trust identification, and confirmation of the trustâs authority to receive retirement plan proceeds.
Stretch distribution refers to strategies that allow beneficiaries to take distributions from inherited retirement accounts over an extended period, potentially reducing immediate tax burdens. A lump sum distribution pays the account balance at once, which can create significant tax liability. When a trust is named as beneficiary, its terms can specify whether the trustee should manage distributions to achieve longer tax-deferral treatment or permit lump sums under certain conditions. Trust drafting should balance beneficiary needs with tax planning goals to determine an appropriate distribution approach for inherited retirement assets.
Deciding among designating individual beneficiaries, naming a revocable living trust, or using a retirement plan trust requires evaluating administration simplicity, tax consequences, and protection for beneficiaries. Naming individuals may be simpler but offers limited protection, while a revocable living trust receives probate avoidance but may not satisfy plan administrator requirements for required minimum distribution treatment. A properly drafted retirement plan trust can provide greater control and tailored protections for beneficiaries but requires careful drafting to align with retirement plan rules. A thoughtful comparison helps match your chosen option to family and tax objectives.
If your retirement account beneficiaries are financially responsible adults with clear understanding of tax implications and distribution planning, naming them directly may be an appropriate and straightforward option. This approach reduces administrative hurdles and ensures funds transfer directly to the named individuals without intermediate trust administration. It is often suitable when there are few complicating factors, such as no minor beneficiaries, no special needs considerations, and no concerns about creditor claims. Regularly reviewing beneficiary designations keeps this approach aligned with changes in family or financial circumstances.
When retirement account balances are modest and family relationships are straightforward, the added complexity and administration of a trust may not be necessary. Direct designations can minimize paperwork, reduce trustee fees, and expedite distributions. If beneficiaries are adults who can manage an inheritance responsibly and there are no tax or creditor concerns that might warrant trust protections, a limited approach focusing on beneficiary forms and a clear estate plan may meet your goals. This option still benefits from periodic review to ensure designations remain current with life changes.
A comprehensive estate planning approach becomes important when beneficiaries include minors, individuals with disabilities, or others who may need structured distributions over time. A retirement plan trust can set rules for how and when funds are paid, appoint trustees to oversee distributions, and protect assets from mismanagement or external claims. Additionally, when financial accounts are sizeable or family situations are blended, coordinated planning ensures that retirement accounts, wills, living trusts, and other documents work together to avoid conflict and produce predictable results for heirs and fiduciaries.
Comprehensive planning helps address tax timing, avoid unintended immediate tax burdens, and reduce administrative delays that arise when account beneficiaries are not aligned with estate documents. A trust designed to comply with distribution rules can preserve tax-advantaged treatment and reduce the likelihood of plan administrators making conservative choices that could disadvantage beneficiaries. Working through tax and administration scenarios in advance also helps ensure trustees understand their duties, documentation is in order, and transitions occur smoothly without unnecessary court involvement or family disputes.
A coordinated estate plan that includes a retirement plan trust offers multiple benefits: it aligns beneficiary designations with your broader estate objectives, reduces uncertainties for plan administrators, and establishes clear distribution procedures to protect vulnerable beneficiaries. Such planning also helps address creditor concerns, supports tax-efficient distribution strategies, and allows for successor management if a beneficiary is unable or unwilling to manage funds. Comprehensive planning creates fewer surprises for families, enabling an orderly transition of retirement assets that reflects your long-term intentions.
Another practical benefit of a comprehensive approach is the consolidation of documents and instructions so fiduciaries have the information they need when administering retirement and other assets. When powers of attorney, healthcare directives, wills, and trust documents are coordinated, trustees and family members can follow consistent guidance. Regular reviews and updates keep the plan responsive to changes in law, family composition, retirement account rules, and financial circumstances, minimizing the risk of costly corrections or disputes during an already stressful period for loved ones.
One major advantage of including a retirement plan trust in an estate plan is the ability to control how and when retirement funds are distributed, balancing immediate needs against long-term security. Trust provisions can require staggered distributions, educational or housing incentives, or protections until beneficiaries reach certain ages. This control can reduce the risk that inheritance is rapidly depleted and can provide ongoing financial support consistent with your goals. Trustees carry out those instructions and provide continuity if beneficiaries need managed distributions over time.
Comprehensive planning with a retirement plan trust helps prevent unintended outcomes such as conflicts between beneficiary designations and will provisions or tax penalties caused by incorrect distribution handling. Trusts can include spendthrift provisions to guard against creditor claims, outline successor decision-makers in the event of incapacity or dispute, and reduce the likelihood of probate for certain assets. Clear, well-documented plans help families understand expectations and reduce the need for court intervention, allowing assets to be administered privately and according to your wishes.
Regularly reviewing and updating beneficiary designations ensures that retirement accounts transfer as you intend and avoids conflicts with other estate documents. Life events such as marriage, divorce, births, or deaths can change who should inherit your accounts, and account custodians usually follow the most recently signed beneficiary form. Keeping a certification of trust and updated trustee contact information with account custodians reduces administrative delays. Periodic reviews also allow you to adapt distribution timing and trustee instructions to changes in tax law or family circumstances.
An appointed trustee should understand their duties, including timing of distributions, tax reporting responsibilities, and coordination with other estate components. Providing trustees with a clear summary of trust provisions, certification of trust, contact information for financial institutions, and relevant account statements makes administration smoother during a difficult time. Consider successor trustees and provide guidance on investment approach and beneficiary communication. Preparing trustees in advance reduces the likelihood of disputes or mistakes when retirement plan proceeds are being handled for beneficiaries.
Consider a retirement plan trust if you want to control distribution timing, protect vulnerable beneficiaries, or coordinate multiple retirement accounts with other estate documents like revocable living trusts and pour-over wills. Trusts can reduce probate complications for certain assets, create a clear succession plan for trustees, and set payout schedules that manage tax liabilities over time. If family circumstances are complex or you anticipate potential creditor claims or beneficiary incapacity, adding a retirement plan trust can provide stability and predictability in the transfer of retirement assets.
A retirement plan trust is also worth considering when you wish to maximize the tax advantages of inherited retirement accounts while maintaining oversight of distributions. Trust language that permits required minimum distributions and conforms to plan rules can help beneficiaries defer taxes appropriately. Additionally, when you want to ensure that retirement assets are used for specific purposes—such as education, long-term support, or care for a dependent—the trust provides a legal framework to guide trustees and prevent immediate depletion of funds that were intended for future needs.
Typical circumstances that make a retirement plan trust advisable include having minor children as beneficiaries, a beneficiary with special needs or limited financial capacity, blended family situations where stepchildren and biological children are involved, or when you want to impose distribution timing to manage taxes. Trusts are also useful when retirement account values are substantial and could create large tax events if distributed as lump sums. Identifying these dynamics early helps shape the trust provisions and coordinate beneficiary forms to achieve the desired outcome.
When beneficiaries are minors, a retirement plan trust can hold funds until they reach maturity, provide controlled distributions for education and living expenses, and appoint a trustee to manage funds on their behalf. This prevents funds from being released outright to a minor or to a guardian without clear spending guidelines, and it avoids placing the burden of managing substantial retirement assets on someone not yet prepared. Trust terms can set milestones or ages for distributions and include safeguards to preserve funds for long-term needs.
When a beneficiary may struggle to manage large sums due to age, disability, or lack of financial experience, a retirement plan trust can ensure funds are managed responsibly. The trust can require structured distributions for specific needs, appoint a trustee experienced in financial stewardship, and include provisions to protect assets from creditors or misuse. This arrangement provides ongoing oversight and ensures that the inherited funds are used for the beneficiaryâs welfare in a manner consistent with your intentions and long-term financial security.
In blended family situations, a retirement plan trust can help balance competing interests by specifying how retirement assets are divided among current spouses, children from prior relationships, and other beneficiaries. Trust terms can protect the financial support of a surviving spouse while preserving principal for children of a prior marriage, provide for contingent beneficiaries, and reduce the risk of future disputes. Careful planning and clear trust language reduce ambiguity and help ensure that each beneficiary receives the intended share in a coordinated manner.
At the Law Offices of Robert P. Bergman, we assist Galt residents with planning that aligns retirement accounts with their overall estate goals. Our services include drafting retirement plan trusts, reviewing beneficiary designations, preparing certification of trust documents for financial institutions, and advising on distribution language that meets plan rules and tax considerations. We are available to discuss options for IRAs, 401(k)s, and other qualified plans and to help implement a plan that protects beneficiaries and reduces administrative burdens during transitions.
Our firm focuses on practical estate planning solutions tailored to California law and local needs. We work with clients to assess family dynamics, retirement account types, and tax considerations to design retirement plan trusts that align with broader planning goals. By coordinating trust language with beneficiary designations and preparing necessary documentation for plan administrators, we help ensure a smooth transition for retirement assets and reduce the chances of unintended outcomes or delays for heirs.
We prioritize clear communication and actionable guidance so that trustees and family members understand their roles when retirement plan proceeds are distributed. That includes preparing certification of trust documentation, explaining distribution timing considerations, and outlining trustee responsibilities for tax reporting and beneficiary communications. Our approach emphasizes straightforward solutions that reflect your objectives and create durable plans to manage retirement assets responsibly for future beneficiaries.
Clients appreciate practical planning that focuses on long-term results and coordination among retirement accounts, wills, living trusts, and other estate documents. We assist with regular plan reviews to adapt to life changes and evolving law, ensuring the retirement plan trust continues to function as intended. If you need assistance clarifying beneficiary forms, choosing trustee structure, or drafting trust terms for retirement assets, we can provide guidance tailored to Galt and broader California rules and practices.
Our process begins with a thorough review of your retirement accounts, beneficiary forms, and existing estate documents. We then discuss goals for distributions, family considerations, and tax preferences before drafting a retirement plan trust or updating existing documents. After drafting, we provide a certification of trust and guidance for submitting beneficiary designations to account custodians. Finally, we recommend periodic reviews to account for changes in law or family circumstances and remain available to assist trustees during administration to ensure distributions follow your plan.
The initial step includes collecting information about retirement accounts, current beneficiary designations, existing estate planning documents, and family circumstances that may affect distribution choices. We ask clients about intended beneficiaries, preferred distribution timing, and any protective measures desired for minors or vulnerable individuals. This information enables us to identify potential conflicts and design trust provisions that align with plan rules and California law. A careful documented intake helps ensure the retirement plan trust is properly structured from the outset.
We review each retirement account to confirm ownership, beneficiary designations, and any plan-specific rules that could affect trust treatment. This includes IRAs, employer-sponsored plans, and other retirement assets. Identifying accounts and verifying beneficiary forms helps determine whether the trust should be named directly or whether other arrangements are preferable. Early detection of inconsistencies prevents unintended distribution outcomes and allows us to recommend remedial steps before finalizing trust documents.
Next, we analyze family dynamics, potential creditor concerns, the presence of minor or vulnerable beneficiaries, and tax impacts that flow from distribution choices. This evaluation informs decisions about trustee powers, distribution timing, and whether spendthrift or protective provisions are needed. Considering both family and tax aspects ensures trust drafting supports your broader objectives and avoids costly surprises for beneficiaries or trustees when accounts are distributed.
During the drafting phase we prepare the retirement plan trust and related documents such as certification of trust, pour-over wills if applicable, and coordination language for powers of attorney and health directives. Drafting also includes creating clear trustee instructions for distribution timing and tax compliance. We work to ensure the trust language satisfies retirement plan administrators and aligns with required minimum distribution obligations. Client review and revisions follow to confirm the terms reflect the intended distribution approach and protections for beneficiaries.
Drafting the trust involves articulating trustee authority, naming successor trustees, and specifying distribution triggers and schedules. Provisions may address education expenses, health needs, periodic distributions, or thresholds for lump-sum payments. The drafting phase carefully integrates language to permit required minimum distributions and to clarify how tax reporting will be handled. Clear and precise trust terms reduce ambiguity for trustees and plan administrators, facilitating smoother implementation when accounts pass to the trust.
We prepare a certification of trust and other summary documents to present to financial institutions and plan administrators so they can recognize the trust as a beneficiary without requiring disclosure of full trust terms. We also assist clients in completing and submitting beneficiary designation forms to the account custodians to name the trust correctly. This step reduces administrative friction and helps ensure that the trust receives plan proceeds as intended upon the account ownerâs death.
After documents are finalized and beneficiary forms are updated, we provide guidance on where to store trust documentation and how trustees should proceed when administering the trust. Regular reviews are recommended to adapt the trust to changes in family circumstances, account values, or law. We remain available to advise trustees during administration, assist with tax reporting questions, and help execute trust modifications or decanting strategies when circumstances evolve. Ongoing attention preserves the trustâs intended function over time.
We deliver executed documents, certification of trust, and a checklist for trustees that outlines initial steps when the trust becomes active. Guidance includes how to contact account custodians, request distributions in compliance with plan rules, and handle tax reporting obligations for beneficiaries. Clear instructions help trustees act promptly and in accordance with the trust terms, reducing delays and confusion at the time of administration.
Periodic reviews allow the trust to remain effective as laws change and family situations evolve. We recommend revisiting beneficiary designations and trust terms after major life events such as births, deaths, marriages, divorces, or shifts in financial circumstances. Updates may involve trust amendments, changes to trustee appointments, or revised distribution schedules to reflect current objectives. Regular maintenance keeps retirement plan trusts aligned with your overarching estate plan and reduces the need for reactive changes during stressful times.
A retirement plan trust is a trust specifically designed to receive retirement account proceeds through beneficiary designation and to direct how those proceeds are administered for the benefit of named beneficiaries. People use such trusts when they want to control distribution timing, provide protections for minor or vulnerable beneficiaries, or coordinate retirement assets with broader estate planning documents. The trust becomes the beneficiary on the account custodianâs form, and the trustee then follows the trust terms in administering distributions consistent with plan rules. Because retirement plan trusts interact with both plan administrators and tax rules, proper drafting is important. The trust must include language that allows trustees to take required distributions in a way that complies with minimum distribution rules to avoid adverse tax consequences. Additionally, the trust can include provisions for specific uses of funds, successor trustee appointments, and protections against creditor claims or impulsive withdrawals by beneficiaries.
Required minimum distribution rules set minimum withdrawal schedules that may apply to inherited retirement accounts and influence how quickly beneficiaries must take distributions. When a trust is named as beneficiary, it must be drafted to allow trustees to take distributions in a manner that aligns with those rules. Otherwise, the plan administrator may default to accelerated distribution options or disallow favorable treatment that might otherwise permit extended distribution schedules. A well-drafted trust clarifies which beneficiaries are eligible to be treated as designated beneficiaries for distribution purposes and includes provisions to permit required minimum distributions. Coordination between the trust terms and the plan administratorâs requirements helps preserve tax-advantaged treatment for beneficiaries where possible, while ensuring compliance with distribution mandates.
A retirement plan trust can include provisions that protect assets from certain creditor claims, depending on the nature of the trust and applicable state law. For instance, spendthrift-like provisions within the trust can limit a beneficiaryâs ability to assign or pledge future distributions, helping reduce the risk that funds will be grabbed by creditors or spent imprudently. These protections are especially useful when beneficiaries may face financial instability or have exposure to creditor claims. However, protections are not absolute and depend on trust structure and state-specific law, so the degree of creditor protection varies. Proper drafting tailored to California law and a clear plan for trustee distribution can enhance protection, but regular reviews are advisable to ensure the trust continues to provide the intended safeguards over time.
Naming a trust as the beneficiary can introduce additional administrative steps because plan administrators must verify the trust and its trustees before releasing funds. Providing a certification of trust and clear trustee identification up front can reduce friction and speed processing. While there may be more paperwork initially, the trust can reduce complications later by providing a clear plan for distributions and trustee authority. The time to distribution can vary depending on the plan administratorâs procedures and the thoroughness of the documentation provided. Preparing a complete packet of trust certifications and maintaining current contact information for trustees can help minimize delays and make the administration process more predictable for beneficiaries.
To ensure a trust is accepted by a plan administrator, include a certification of trust and follow the administratorâs requirements for naming a trust as beneficiary. The certification should identify the trust by name and date, list trustees and successor trustees, and confirm the trustâs authority to receive retirement proceeds. Providing this concise documentation shields the trustâs private terms while proving the trusteesâ authority to act for the trust. It is also helpful to check the plan administratorâs specific forms and any language preferences before finalizing the trust, so the beneficiary designation matches the trustâs identifying information. Early communication with financial institutions and submitting complete paperwork reduces the chance that administrators will refuse or delay recognition of the trust.
Choosing between naming a revocable living trust or creating a separate retirement plan trust depends on your goals and how you want retirement accounts to be treated. A revocable living trust can avoid probate for non-retirement assets, but it may not be structured to meet retirement account distribution rules. A separate retirement plan trust drafted with distribution and tax rules in mind can provide more precise control over retirement account payouts and protect beneficiaries in specific ways. If you prefer simplicity and your living trust meets distribution requirements for retirement accounts, naming it may be reasonable. However, when tax treatment and beneficiary protections require specialized distribution language, a separate retirement plan trust often provides better alignment with retirement plan rules and desired outcomes for beneficiaries.
Important trustee provisions include clear authority to communicate with plan administrators, make distribution elections, fulfill tax reporting obligations, and invest or preserve funds pending distribution. Naming successor trustees and providing guidance for distribution timing, spending thresholds, and permitted uses of funds helps trustees act consistently when the trust becomes active. Limiting trustee liability when they act in good faith and including instructions for recordkeeping and beneficiary communication are also helpful provisions. Additionally, trustees should be given authority to obtain professional advice when necessary, to file tax returns on behalf of the trust, and to handle rollovers or transfers permitted under plan rules. Clear trustee powers reduce disputes and give trustees the direction they need to administer retirement plan proceeds effectively.
Beneficiary designations and trust terms should be reviewed at least after major life events such as births, deaths, marriages, divorces, or significant changes in account balances. Periodic reviews every few years are also prudent to ensure the documents reflect changes in family dynamics and in tax or retirement plan rules. Reviewing documents proactively reduces the risk of unintended beneficiaries or outdated distribution provisions causing administrative complications. Regular reviews provide the opportunity to update trustee appointments, modify distribution schedules, and ensure beneficiary forms still reflect current intentions. Keeping a record of where important documents and account information are stored also helps trustees and family members locate needed materials quickly if the trust becomes active.
A revocable retirement plan trust can typically be amended or revoked during the account ownerâs lifetime, allowing you to adapt terms as circumstances change. After the ownerâs death, modification options are limited to mechanisms such as decanting, trust protector actions, or court petitions in certain situations. Any changes should be made carefully and in coordination with beneficiary forms and plan administrators to avoid disrupting tax treatment or beneficiary recognition. When considering changes, it is important to review how amendments will affect beneficiary status and required distribution rules. Consulting with counsel before making modifications helps ensure that changes preserve the trustâs intended benefits and do not unintentionally create administrative or tax problems for beneficiaries.
Taxes on retirement plan distributions depend on the type of account and the beneficiaryâs distribution choices. Traditional retirement accounts generally impose income tax on distributions, while Roth accounts may permit tax-free distributions if certain conditions are met. When beneficiaries receive distributions from a trust, the trust may need to pay taxes on undistributed income, or beneficiaries may be taxed on distributed amounts. Proper planning can help manage and minimize tax impact over time. Coordinating distribution timing, understanding required minimum distribution rules, and structuring trust provisions to pass distributions efficiently can reduce overall tax exposure. Trustees and beneficiaries should consult tax professionals when administering inherited retirement accounts to ensure compliance and optimize tax outcomes under current law.
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