non-spouse rollover

[Guest lskin]

Can someone site for me the code or a treas reg where it states a non-spouse beneficiary cannot roll from a qualified plan where they are a beneficiary into a beneficiary IRA?

[Belgarath]

1.402©-2, Q&A-12(b).

[Guest mjb]

I dont understand your Q. Are you asking if a non spouse bene can roll over funds from a q plan to an IRA or are you asking if a non spouse bene can make a tax free transfer from a q plan to an IRA for the bene. There is a PLR which allowed the interest of a deceased part who had designated a non spouse as the bene to be transferred via a trustee to trustee transfer to an IRA in the name of the deceased participant in which the same bene was the designated bene of the IRA which was established before the participant died.

[Guest lskin]

I was asking about a 401k rollover to a nonspouse bene IRA. Thanks for the reference.

[E as in ERISA]

Proposed legislation could change this.

[Guest P Williamson]

MJB - do you have the PLR # for the trustee to trustee transfer from the qualified plan to an IRA? Thanks