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!Changing Jobs? Take Your
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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