RMD. still working . two 401 k plans.

[ahmadhussain]

I joined a my company few years ago. I signed up for companies 401 k. capmany added the money to it's 401k plan. after six months i became unionized, the Union has a 401 k plan. as per union rules comapny started diverting my 401 k mony to 401 k of Union. i kept companies 401 k. ( which has my intial sixmonthof contribition).   i am turning 73 next year.  i will still be working. do both the companies 401k and union 401 k qualify for NOT TAKLING RMD OUT , while working.

[guywong]

I would think so unless you own 5% or more of your employer's stock, since you are still working for the same employer.  The law is very specific, you can delay your 401(l) RMD from your CURRENT employer is you are still working and don't own more than 5% of the company.  Having said that, I believe your employer's 401(k) plan must include a "still-working" exception clause.  So check with your employer.

Retirement plan and IRA required minimum distributions FAQs | Internal Revenue Service

Q1. What are required minimum distributions? (updated Dec. 10, 2024)

Required Minimum Distributions (RMDs) are minimum amounts that IRA and retirement plan account owners generally must withdraw annually starting with the year they reach age 73. Retirement plan account owners can delay taking their RMDs until the year in which they retire, unless they're a 5% owner of the business sponsoring the plan.

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Can you roll the old 401(k) from your employer plan into your union's 401(k)?  If you can, that may alleviate your concerns.

[LenaH]

If you are still working and do not own more than 5% of the business, then you may be able to delay taking your RMD with that employer. Since this is technically the same employer who is sponsoring both your 401k plans, you should be able to delay your RMD until you stop working for that employer. However, it may be best to check with the plan administrator to confirm. 

@ahmadhussain