Tuesday, June 19, 2012

Do you own an old annuity, 401k or life insurance policy?


Would you like to lock in your principal and the gains? Would you like to benefit from the market, but not experience the loss? Would you like anywhere from a 5%-10% bonus on the balance of the rollover?
Changing Jobs? Take Your
401(k) and ... Roll It!


October 11, 2011


Page 1 of 2, see disclaimer on final page


If you've lost your job, or are changing jobs, you may


be wondering what to do with your 401(k) plan

account. It's important to understand your options.


What will I be entitled to?


If you leave your job (voluntarily or involuntarily), you'll


be entitled to a distribution of your vested balance.

Your vested balance always includes your own

contributions (pretax, after-tax, and Roth) and

typically any investment earnings on those amounts.

It also includes employer contributions (and earnings)

that have satisfied your plan's vesting schedule.

In general, you must be 100% vested in your

employer's contributions after 3 years of service ("cliff

vesting"), or you must vest gradually, 20% per year

until you're fully vested after 6 years ("graded

vesting"). Plans can have faster vesting schedules,

and some even have 100% immediate vesting. You'll

also be 100% vested once you've reached your plan's

normal retirement age.

It's important for you to understand how your

particular plan's vesting schedule works, because

you'll forfeit any employer contributions that haven't

vested by the time you leave your job. Your summary

plan description (SPD) will spell out how the vesting

schedule for your particular plan works. If you don't

have one, ask your plan administrator for it. If you're

on the cusp of vesting, it may make sense to wait a

bit before leaving, if you have that luxury.


Don't spend it, roll it!


While this pool of dollars may look attractive, don't


spend it unless you absolutely need to. If you take a

distribution you'll be taxed, at ordinary income tax

rates, on the entire value of your account except for

any after-tax or Roth 401(k) contributions you've

made. And, if you're not yet age 55, an additional

10% penalty may apply to the taxable portion of your

payout. (Special rules may apply if you receive a

lump-sum distribution and you were born before

1936, or if the lump-sum includes employer stock.)

If your vested balance is more than $5,000, you can

leave your money in your employer's plan until you

reach normal retirement age. But your employer must

also allow you to make a direct rollover to an IRA or

to another employer's 401(k) plan. As the name

suggests, in a direct rollover the money passes

directly from your 401(k) plan account to the IRA or

other plan. This is preferable to a "60-day rollover,"

where you get the check and then roll the money over

yourself, because your employer has to withhold 20%

of the taxable portion of a 60-day rollover. You can

still roll over the entire amount of your distribution, but

you'll need to come up with the 20% that's been

withheld until you recapture that amount when you file

your income tax return.


Should I roll over to my new


employer's 401(k) plan or to an IRA?


Assuming both options are available to you, there's


no right or wrong answer to this question. There are

strong arguments to be made on both sides. You

need to weigh all of the factors, and make a decision

based on your own needs and priorities. It's best to

have a professional assist you with this, since the

decision you make may have significant

consequences--both now and in the future.


Reasons to roll over to an IRA:


• You generally have more investment choices with


an IRA than with an employer's 401(k) plan. You

typically may freely move your money around to

the various investments offered by your IRA

trustee, and you may divide up your balance

among as many of those investments as you want.

By contrast, employer-sponsored plans typically

give you a limited menu of investments (usually

mutual funds) from which to choose.

• You can freely allocate your IRA dollars among

different IRA trustees/custodians. There's no limit

on how many direct, trustee-to-trustee IRA

transfers you can do in a year. This gives you

flexibility to change trustees often if you are

dissatisfied with investment performance or

customer service. It can also allow you to have

IRA accounts with more than one institution for

added diversification. With an employer's plan,

you can't move the funds to a different trustee

unless you leave your job and roll over the

funds.

• An IRA may give you more flexibility with

distributions. Your distribution options in a

401(k) plan depend on the terms of that

particular plan, and your options may be limited.

However, with an IRA, the timing and amount of

distributions is generally at your discretion (until

you reach age 70½ and must start taking

required minimum distributions in the case of a

traditional IRA).

• You can roll over (essentially "convert") your

401(k) plan distribution to a Roth IRA. You'll

have to pay taxes on the amount you roll over

(minus any after-tax contributions you've

made), but any qualified distributions from the

Roth IRA in the future will be tax free.

Reasons to roll over to your new employer's

401(k) plan:

• Many employer-sponsored plans have loan

provisions. If you roll over your retirement funds

to a new employer's plan that permits loans,

you may be able to borrow up to 50% of the

amount you roll over if you need the money.

You can't borrow from an IRA--you can only

access the money in an IRA by taking a

distribution, which may be subject to income tax

and penalties. (You can, however, give yourself

a short-term loan from an IRA by taking a

distribution, and then rolling the dollars back to

an IRA within 60 days.)

• A rollover to your new employer's 401(k) plan

may provide greater creditor protection than a

rollover to an IRA. Most 401(k) plans receive

unlimited protection from your creditors under

federal law. Your creditors (with certain

exceptions) cannot attach your plan funds to

satisfy any of your debts and obligations,

regardless of whether you've declared

bankruptcy. In contrast, any amounts you roll

over to a traditional or Roth IRA are generally

protected under federal law only if you declare

bankruptcy. Any creditor protection your IRA

may receive in cases outside of bankruptcy will

generally depend on the laws of your particular

state. If you are concerned about asset protection,

be sure to seek the assistance of a qualified

professional.

• You may be able to postpone required minimum

distributions. For IRAs, these distributions must

begin by April 1 following the year you reach age

70½. However, if you work past that age and are

still participating in your employer's 401(k) plan,

you can delay your first distribution from that plan

until April 1 following the year of your retirement.

(You also must own no more than 5% of the

company.)

• If your distribution includes Roth 401(k)

contributions and earnings, you can roll those

amounts over to either a Roth IRA or your new

employer's Roth 401(k) plan (if it accepts

rollovers). If you roll the funds over to a Roth IRA,

the Roth IRA holding period will determine when

you can begin receiving tax-free qualified

distributions from the IRA. So if you're establishing

a Roth IRA for the first time, your Roth 401(k)

dollars will be subject to a brand new 5-year

holding period. On the other hand, if you roll the

dollars over to your new employer's Roth 401 (k)

plan, your existing 5-year holding period will carry

over to the new plan. This may enable you to

receive tax-free qualified distributions sooner.

When evaluating whether to initiate a rollover always

be sure to (1) ask about possible surrender charges

that may be imposed by your employer plan, or new

surrender charges that your IRA may impose, (2)

compare investment fees and expenses charged by

your IRA (and investment funds) with those charged

by your employer plan (if any), and (3) understand

any accumulated rights or guarantees that you may

be giving up by transferring funds out of your

employer plan.

What about outstanding plan loans?

In general, if you have an outstanding plan loan, you'll

need to pay it back, or the outstanding balance will be

taxed as if it had been distributed to you in cash. If

you can't pay the loan back before you leave, you'll

still have 60 days to roll over the amount that's been

treated as a distribution to your IRA. Of course, you'll

need to come up with the dollars from other sources

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