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Frequently Asked Questions:

General IRA/Retirement Plan Rollover Questions


What is a Rollover IRA? top of page
A rollover IRA is an Individual Retirement Account or Individual Retirement Annuity (IRA) invested with the money from your employer-sponsored plan.

A Rollover IRA can be invested in mutual funds, stocks, bonds, or other eligible securities, including CDs and treasuries. This flexibility makes opening a Rollover IRA a good opportunity to rebalance your retirement portfolio, by rolling your savings into instruments not traditionally offered by employer plans.

Can I get money out of my IRA before I am 59 1/2 without penalty? top of page

Yes you can. Under the tax code rule 72 T you can begin systematic equal withdrawals from your IRA before age 59 1/2 as long as those payments are made for a minimum of 5 years or until you reach the age of 59 1/2 whichever is greater. >>>more info (forwards to 72T discussion)


What are the different types of IRAs? top of page

Traditional IRA. The Traditional IRA allows individuals to make an annual contribution up to specified maximum limits. Any potential earnings in the IRA can grow tax-deferred, meaning that you do not pay current tax on any account earnings until you take the money out.

Traditional IRAs can help make it easier to maximize your retirement savings by allowing any money you earn on your IRA contributions to grow free from taxes within your account until withdrawn. When your earnings aren't eroded by taxes year after year, they can compound faster. Distributions from Traditional IRAs are included in income at the time of withdrawal and may be subject to a 10% early withdrawal penalty if you are under age 59 1/2. As an incentive to contribute to Traditional IRAs, Congress allows some people to deduct their Traditional IRA contributions from their current income taxes, subject to income limits.


The Roth IRA. As long as your income doesn't exceed a certain level you can contribute to a Roth IRA. Any potential earnings in the IRA can grow tax-free.

Although you can't deduct contributions to a Roth IRA, you can benefit from its other tax advantages. You won't owe any taxes or penalties on the assets you withdraw from a Roth IRA as long as you have met specific requirements. Earnings from a Roth IRA can be withdrawn penalty free prior to age 59 1/2 for a first time home purchase (up to a lifetime limit of $10,000) or qualified educational expenses. You can choose to contribute both to a Traditional IRA and a Roth IRA in the same tax year, but your combined contributions to all your IRAs cannot exceed the annual allowable total.

Rollover IRA. If you retire or change jobs, you may be eligible for a distribution from your employer's retirement plan. A Rollover IRA is designed to help you avoid mandatory withholding of 20% and preserve the tax-deferred status of this distribution of eligible assets.

Spousal IRA. Beginning with the 2002 tax year, married couples will be able to contribute up to the new limits to each spouse's IRA, even if one is a non-working spouse, provided combined contributions do not exceed combined compensation.

Can I contribute to my Rollover IRA once I rollover my 401k?

Yes you can. But you will have to follow the contribution guidelines for IRAs and not for 401k plan participants.


How do Rollover IRAs help me avoid paying taxes on my distribution from my employer-sponsored plan?
top of page

Rolling over your eligible distribution directly to a Rollover IRA allows you to avoid a possible 10% early withdrawal penalty, mandatory 20% withholding for federal income taxes, and to postpone paying taxes on the amount rolled over until it is withdrawn from your IRA. It also lets your eligible rollover assets continue to accumulate any potential earnings on a tax-deferred basis.


Can I move an existing IRA from another institution using RetirementPlanRollover.com? top of page

Yes. There are two methods.

1. Direct (custodian-to-custodian) Transfer. By completing our Transfer Form in addition to an IRA Application, you can authorize RetirementPlanRollover.com to transfer your IRA from the other institution to an IRA.
2. Sixty-day Rollover. You can withdraw your IRA from the other institution and reinvest it in an IRA with RetirementPlanRollover.com. You must complete the rollover within 60 days of receiving the withdrawal to avoid income taxes and, if you are under age 59 1/2, the 10% IRS early-withdrawal penalty. Only one rollover is allowed per IRA in any 12-month period.


Can I just reinvest the check the company sends me?
top of page

You can do it within 60 days, but remember, if your company plan makes the check payable to you, 20% of your eligible retirement plan distribution will be withheld for federal income taxes. You will need to make up the 20% withholding out of your personal savings and then receive the tax credit for your withholding when you do your taxes the following April 15. The best way to avoid this withholding is to have your employer make your qualified plan distribution check out to the financial institution that you have chosen for your new retirement plan rollover.

What should I do with my after-tax contributions? top of page

The tax laws have changed so that you can rollover these funds. However it is your responsibility to keep up with the portion that is taxable and the portion of your account that is non-taxable. A good idea is to keep your after tax contributions separate. Consider receiving those funds in a check made payable to you and funding a Roth IRA with those funds if you qualify.

What is the exclusion allowance in my 403-B? top of page

The exclusion allowance permits contributions that would otherwise be includible in the employee's gross income to be made to a 403(b) plan on a pre-tax basis and, in addition, it establishes a maximum limit on such contributions.

What happens if my company goes bankrupt and I can no longer access my 401k?

Fortunately this situation is pretty rare, but it does happen. It can be difficult for companies to come right out and say to there employees that "hey things are kind of tight around here" so bankruptcy can take employees by surprise. It can also happen when an owner of a company passes away and fails to leave a blue print for operating and managing the 401k plan. If this happens the Department of Labor will in most cases step in and appoint a new independent fiduciary. If you have any concerns relating to a private-sector 401(k) plan, call DOL's Employee Benefits Security Administration at 1-866-444-EBSA (3272).

Can I borrow against my IRA?

No. You can not borrow against your IRA. You can however take an indirect rollover from your IRA once per yea and avoid taxes and penalties as long as the money is returned to an IRA within 60 days.

Can my previous employer force me to take my 401k?

Well, they cant actually force you, but they can legally send you a check for your balance minus the 20% mandatory withholding if the balance is less than $5,000.00. It is generally a good rule to take your 401k with you when you go.

How many times can I do an indirect rollover?

The IRS allows you to make one 60 day rollover per year. Lets suppose you have a IRA with annuity company A and it is valued at 100,000 and a second IRA with mutual fund company B. You take a distribution of $10,000 from company A and roll it back in within 60 days. You can not take any more funds from this IRA for 365 days. However you can still take a 60 day rollover from company B at anytime within the next year.

What forms will I need for my taxes if I take a distribution from my retirement plan or pension?

If you take a distribution from a retirement plan tax will normally be withheld at 20% rate. For pension distributions and social security benefits you can choose to have tax withheld. The IRS will want to see your 1099R to give you credit for the tax withheld.

If a 55 year old employee is laid off work due to downsizing, is there a way to take distributions from the employer's plan without incurring a penalty?

Yes, as long as the plan assets remain with the employer and the plan documents allow it. The employee may request distributions directly from the employers plan. These distributions are not subject to penalties for employees who are 55 or greater and separate from service.

Are loans withdrawn from an employer plan a taxable event to the employee?

Loans are not a taxable event to the employee as long as they are paid back with applicable interest in a timely fashion to the plan. 5 years is the maximum time allowed.

Is a hardship withdrawal eligible to roll over to another retirement plan?

Hardship distributions are not eligible to rollover into an IRA or any other retirement plan.

Is there any ability for an employee under the age of 55 to take penalty free distributions from an IRA or employer plan?

Yes, a series of substantially equal payment is one way to avoid the premature distribution penalties. The code requires the individual to withdraw an annual amount that is considered "equal" or the same for a period of 5 years or until the individual reaches the age of 59 1/2 whichever is longer. Refer to section on 72T.

 

Do the substantially equal payments stop if the individual becomes reemployed with the same or another company?

The payments continue for the greater of 5 years or until the individual reaches the age of 59 1/2. Any modification to the distribution will result in 10% penalties retroactive to the first distribution. The election to make withdrawals prematurely has no bearing whatsoever on whether the individual is employed or not.

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