Revised 4-2010 • TMRS-0005 and TMRS-PLSD
If I do a rollover to an IRA, will the 10% additional
income tax apply to early distributions from the IRA?
If you receive a payment from an IRA when you are under age 59½, you
will have to pay the 10% additional income tax on early distributions
from the IRA, unless an exception applies. In general, the exceptions
to the 10% additional income tax for early distributions from an IRA are
the same as the exceptions listed above for early distributions from
a plan. However, there are a few dierences for payments from an
IRA, including:
There is no exception for payments after separation
from service that are made after age 55.
The exception for qualified domestic relations orders
(QDROs) does not apply (although a special rule applies
under which, as part of a divorce or separation
agreement, a tax-free transfer may be made directly
to an IRA of a spouse or former spouse).
The exception for payments made at least annually in
equal or close to equal amounts over a specified period
applies without regard to whether you have had a
separation from service.
There are additional exceptions for (1) payments for
qualified higher education expenses, (2) payments up
to $10,000 used in a qualified first-time home purchase,
and (3) payments after you have received unemployment
compensation for 12 consecutive weeks (or would have
been eligible to receive unemployment compensation
but for self-employed status).
You should contact the IRA administrator for questions regarding early
distributions.
Will I owe State income taxes?
This notice does not describe any State or local income tax rules
(including withholding rules). Texas does not currently have a state
income tax.
SPECIAL RULES AND OPTIONS
If your payment includes after-tax contributions
After-tax contributions included in a payment are not taxed. If a pay-
ment is only part of your benefit, an allocable portion of your after-tax
contributions is generally included in the payment.
You may roll over to an IRA a payment that includes after-tax contribu-
tions through either a direct rollover or a 60-day rollover. You must
keep track of the aggregate amount of the after-tax contributions in all
of your IRAs (in order to determine your taxable income for later pay-
ments from the IRAs). If you do a direct rollover of only a portion of the
amount paid from TMRS and a portion is paid to you, each of the pay-
ments will include an allocable portion of the after-tax contributions.
If you do a 60-day rollover to an IRA of only a portion of the payment
made to you, the after-tax contributions are treated as rolled over last.
For example, assume you are receiving a complete distribution of your
benefit that totals $12,000, of which $2,000 is after-tax contributions.
In this case, if you roll over $10,000 to an IRA in a 60-day rollover, no
amount is taxable because the $2,000 amount not rolled over is treat-
ed 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 contribu-
tions, 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 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 file a private letter ruling request with the
IRS. Private letter ruling requests require the payment of a nonrefund-
able user fee. For more information, see IRS Publication 590, Individual
Retirement Arrangements (IRAs).
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 infor-
mation, see IRS Publication 575, Pension and Annuity Income.
If you roll over your payment to 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 TMRS 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 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 quali-
fied distributions will be taxed to the extent of earnings after the roll-
over, including the 10% additional income tax on early distributions (un-
less 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).
You cannot roll over a payment from TMRS to a designated Roth
account in an employer plan.
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