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Internal Revenue Service (IRS) may refund you the 20
percent tax withholding.
Note: If you miss the 60-day rollover deadline, the IRS
may waive the deadline under certain extraordinary
circumstances, such as external events preventing you
from completing the rollover by the 60-day deadline. To
apply for a waiver, you must file a private letter ruling
request with the IRS, which includes a nonrefundable
user fee. For more information see IRS Publication
590, Individual Retirement Arrangements (IRAs).
Tax Effects on Payment Options
The FRS will withhold 0 percent withholding tax on direct
rollover elections unless you choose to roll it into an after-
tax eligible plan (Roth IRA – see below). For a lump sum
election, the FRS will withhold 20 percent withholding tax,
even if you choose to roll your lump sum payment into an
eligible plan within 60 days of the payment date.
In addition, if you are younger than age 59½, your FRS
payout is considered an ‘early distribution.’ This
means you are still responsible for the additional 10
percent early distribution penalty paid to the IRS. The
10 percent additional income tax penalty does not
apply to the following payments from the FRS:
• Payments made after you separate from service
if you will be at least age 55 when you separate;
• Payments made after you separate from service
if you are a public safety employee and you are
at least age 50 when you separate;
• Payments that start after you separate from
service if paid at least once a year in equal or
close to equal amounts over your life or life
expectancy (or the lives or joint life expectancy of
you and your beneficiary);
• Payments after your death;
• Payments made directly to the government to
satisfy a federal tax levy;
• Payments made under a Qualified Domestic
Relations Order (QDRO).
Rollover into a Roth IRA
You can roll over your FRS DROP or refund payment to
an after-tax Roth IRA (excluding designated Roth
accounts) and choose 0 percent (the default), 10
percent or 20 percent withholding tax on the DP-PAYT
Form. Early distribution penalties will not apply unless
you take the amount you rolled over out of the Roth
IRA within five years, starting from January 1 of the
year you made the rollover. If you roll over the payment
to a Roth IRA, later payments from the Roth IRA that
are qualified distributions will not be taxed (including
earnings after the rollover). A qualified distribution from
a Roth IRA is a payment made after age 59½ (or after
your death or disability, or as a qualified first-time
homebuyer distribution of up to $10,000) and after you
have had a Roth IRA for at least five years. This five-
year rule begins January 1 of the year for you first
contribute to a Roth IRA.
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).
SPECIAL RULES
After-Tax Contributions
Any after-tax employee contributions made to the FRS
Plan are not taxable and will be paid directly to you in
accordance with the IRS’ Simplified Method calculation.
For more information, see IRS Publication 575, Pension
and Annuity Income.
Required Minimum Distribution (RMD)
The FRS will calculate and pay your RMD mandated by
the IRS based on your age before terminating DROP
employment or becoming eligible for a refund of
contributions. If either of these events happened in 2019
or earlier, the FRS will pay your RMD if you were 70½ or
older. If the event happened in 2020 or later, the FRS
will pay your RMD if you were 72 or older. Your RMD
amount is your pre-taxed FRS payment minus the
required 10 percent federal withholding taxes.
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.
Payments under a Qualified Domestic
Relations Order (QDRO)
If you are the spouse or former spouse of a member
who receives a DROP payment from the FRS under a
QDRO, you generally have the same options the
member would have. For example, you may roll over
the payment to your own IRA or an eligible employer
plan that will accept it. Payments under the QDRO are
not subject to the 10 percent additional income tax on
early distribution.
Nonresident Alien
If you are a nonresident alien and do not select a direct
rollover of your FRS payment to a U.S. IRA or U.S.
employer plan, then instead of withholding the standard
20 percent, the FRS Plan is required to withhold 30
percent of the payment for withholding taxes. For more
information see IRS Publication 519, U.S. Tax Guide
for Aliens, and IRS Publication 515, Withholding of Tax
on Nonresident Aliens and Foreign Entities.