SARSEP to Qualified Plan

[Guest jcj]

I'm trying to confirm if the same Two-year rollover rule that applies to SIMPLE IRAs is applicable to SARSEPS. Does a participant have to wait 2 years before rolling over a SARSEP, tax free, to a qualified plan?

[Gary Lesser]

The 2-year rule does not apply to a SEP/SARSEP. However, the current years elective contributions cannot be distributed (or rolled over) until the employer provides a notice to the participant that the SARSEP 125 percent ADP test was satisfied or March 15 of the following year, whicheve is sooner. [iRC 408(k)(6)(F)(ii) and Form 5305A-SEP]

[Guest jcj]

Thanks. One more question along the same line, would a 401k plan have had to amend their plan (after EGTRRA) to accept SARSEPS? Or, if the plan already already accepts "traditional IRAs", can it accept SARSEPS without a change to the specifications?

[Appleby]

If the plan was already amended to accept traditional IRA (Non-conduit) assets then it is eligible to accept SARSEP assets…Once SARSEP assets are deposited to the account, they assume the identity of traditional IRA assets, and are subject to the same rules- with the exception noted above.

I mentioned ‘non-conduit’ because some plans restrict the rollover of IRA assets to those that originated from qualified plans and were not commingled with contributory IRA assets.