question

[Guest qualified plan]

May a participant, age 60, take out an in-service withdrawal from a 401(k) plan and roll it over to an IRA while they are still employed? The Plan document provides for rollovers and for in-svc withdrawals at age-59.5, but is silent on this point.

Any thoughts?

[Guest svatty]

yes.

any distribution to a participant, other than those listed in Reg. 1.402©-2 are eligible distributions which may be rolled over