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the IRAs). If you do a direct rollover of only a portion of the
amount paid from the Plan and at the same time the rest
is paid to you, the portion directly rolled over consists first
of the amount that would be taxable if not rolled over. For
example, assume you are receiving a distribution of $12,000,
of which $2,000 is after-tax contributions. In this case, if you
directly roll over $10,000 to an IRA that is not a Roth IRA, no
amount is taxable because the $2,000 amount not directly
rolled over is treated as being after-tax contributions. If you
do a direct rollover of the entire amount paid from the Plan to
two or more destinations at the same time, you can choose
which destination receives the after-tax contributions.
If you do a 60-day rollover to an IRA of only a portion of a
payment made to you, the after-tax contributions are treated
as rolled over last. For example, assume you are receiving
a distribution of $12,000, of which $2,000 is after-tax
contributions, and no part of the distribution is directly rolled
over. In this case, if you roll over $10,000 to an IRA that is not
a Roth IRA in a 60-day rollover, no amount is taxable because
the $2,000 amount not rolled over is treated as being after-
tax contributions.
You may roll over to an employer plan all of a payment that
includes after-tax contributions, but only through a direct
rollover (and only if the receiving plan separately accounts
for after-tax contributions and is not a governmental
section 457(b) plan). You can do a 60-day rollover to an
employer plan of part of a payment that includes after-tax
contributions, but only up to the amount of the payment that
would be taxable if not rolled over.
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 dead-
line under certain extraordinary circumstances, such as when
external events prevented you from completing the rollover
by the 60-day rollover deadline. Under certain circumstances,
you may claim eligibility for a waiver of the 60-day rollover
deadline by making a written self-certification. Otherwise, to
apply for a waiver from the IRS, you must file 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-A, Contributions to
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
59½, 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 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 you roll over your payment to a Roth IRA
If you roll over a payment from the Plan 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).
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 you are 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 5 years. In applying this 5-year rule, you
count from January 1 of the year for which your first contribution
was made to a Roth IRA. Payments from the Roth IRA that are
not qualified 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 mini-mum distributions from a Roth IRA during
your lifetime. For more information, see IRS Publication 590-A,
Contributions to Individual Retirement Arrangements (IRAs), and
IRS Publication 590-B, Distributions from Individual Retirement
Arrangements (IRAs).
If you are not a plan participant
Payments after death of the participant. If you receive a
distribution after the participant’s death that you do not roll
over, the distribution will generally be taxed in the same
manner described elsewhere in this notice. However, the 10%
additional income tax on early distributions and the special
rules for public safety officers do not apply, and the special
rule described under the section “If you were born on or
before January 1, 1936” applies only if the participant was
born on or before January 1, 1936.
If you are a surviving spouse. If you receive a payment
from the Plan as the surviving spouse of a deceased
participant, you have the same rollover options that the
participant would have had, as described elsewhere in this
notice. In addition, if you choose to do a rollover to an IRA,
you may treat the IRA as your own or as an inherited IRA.