2768-BENCOR (rev. 5/13) (Page 3 of 4)
If you miss the 60-day rollover deadline:
Generally, the 60-day rollover deadline cannot be extended. However, the IRS has the limited authority to waive the deadline under certain
extraordinary circumstances, such as when external events prevented you from completing the rollover by the 60-day rollover deadline. To apply for
a waiver, you must le a private letter ruling request with the IRS. Private letter ruling requests require the payment of a nonrefundable user fee. For
more information, see IRS Publication 590, Individual Retirement Arrangements (IRAs).
If your payment includes employer stock that you do not roll over:
If you do not do a rollover, you can apply a special rule to payments of employer stock (or other employer securities) that are either attributable
to after-tax contributions or paid in a lump sum after separation from service (or after age 59 1/2, disability, or the participant’s death). Under the
special rule, the net unrealized appreciation on the stock will not be taxed when distributed from the plan and will be taxed at capital gain rates when
you sell the stock. Net unrealized appreciation is generally the increase in the value of employer stock after it was acquired by the plan. If you do a
rollover for a payment that includes employer stock (for example, by selling the stock and rolling over the proceeds within 60 days of the payment),
the special rule relating to the distributed employer stock will not apply to any subsequent payments from the IRA or employer plan. The plan
administrator can tell you the amount of any net unrealized appreciation.
If you have an outstanding loan that is being offset:
If you have an outstanding loan from the plan, your plan benet may be offset by the amount of the loan, typically when your employment ends.
The loan offset amount is treated as a distribution to you at the time of the offset and will be taxed (including the 10% additional income tax on early
distributions, unless an exception applies) unless you do a 60-day rollover in the amount of the loan offset to a traditional IRA or employer plan.
If you were born on or before January 1, 1936:
If you were born on or before January 1, 1936 and receive a lump sum distribution that you do not roll over, special rules for calculating the amount
of the tax on the payment might apply to you. For more information, see IRS Publication 575, Pension and Annuity Income.
If your payment is from a governmental section 457(b) plan:
If the plan is a governmental section 457(b) plan, the same rules described elsewhere in this notice generally apply, allowing you to roll over the
payment to an IRA or an employer plan that accepts rollovers. One difference is that, if you do not do a rollover, you will not have to pay the 10%
additional income tax on early distributions from the plan even if you are under age 59 1/2 (unless the payment is from a separate account holding
rollover contributions that were made to the plan from a tax-qualied plan, a section 403(b) plan, or an IRA). However, if you do a rollover to an
IRA or to an employer plan that is not a governmental section 457(b) plan, a later distribution made before age 59 1/2 will be subject to the 10%
additional income tax on early distributions (unless an exception applies). Other differences are that you cannot do a rollover if the payment is due to
an “unforeseeable emergency” and the special rules under “If your payment includes employer stock that you do not roll over” and “If you were born
on or before January 1, 1936” do not apply.
If you are an eligible retired public safety ofcer and your pension payment is used to pay for health coverage or qualied long-term care
insurance:
If the plan is a governmental plan, you retired as a public safety ofcer, and your retirement was by reason of disability or was after normal
retirement age, you can exclude from your taxable income plan payments paid directly as premiums to an accident or health plan (or a qualied long-
term care insurance contract) that your employer maintains for you, your spouse, or your dependents, up to a maximum of $3,000 annually. For this
purpose, a public safety ofcer is a law enforcement ofcer, reghter, chaplain, or member of a rescue squad or ambulance crew.
If you roll over your payment to a Roth IRA:
You can roll over a payment from the plan made before January 1, 2010 to a Roth IRA only if your modied adjusted gross income is not more than
$100,000 for the year the payment is made to you and, if married, you le a joint return. These limitations do not apply to payments made to you
from the plan after 2009. If you wish to roll over the payment to a Roth IRA, but you are not eligible to do a rollover to a Roth IRA until after 2009,
you can do a rollover to a traditional IRA and then, after 2009, elect to convert the traditional IRA into a Roth IRA.
If you roll over the payment to a Roth IRA, a special rule applies under which the amount of the payment rolled over (reduced by any after-tax
amounts) will be taxed. However, the 10% additional income tax on early distributions will not apply (unless you take the amount rolled over out of
the Roth IRA within 5 years, counting from January 1 of the year of the rollover). For payments from the plan during 2010 that are rolled over to a
Roth IRA, the taxable amount can be spread over a 2-year period starting in 2011.
If you roll over the payment to a Roth IRA, later payments from the Roth IRA that are qualied distributions will not be taxed (including earnings
after the rollover). A qualied distribution from a Roth IRA is a payment made after you are age 59 1/2 (or after your death or disability, or as a
qualied rst-time home buyer distribution of up to $10,000) and after you have had a Roth IRA for at least 5 years. In applying this 5-year rule,
you count from January 1 of the year for which your rst contribution was made to a Roth IRA. Payments from the Roth IRA that are not qualied
distributions will be taxed to the extent of earnings after the rollover, including the 10% additional income tax on early distributions (unless an
exception applies). You do not have to take required minimum distributions from a Roth IRA during your lifetime. For more information, see IRS
Publication 590, Individual Retirement Arrangements (IRAs).