Age 59 1/2 employee rollover of 403(b) $$ into same employer's 401(k)?

[ERISAatty]

Forgive my innocence (I prefer that word to ignorance). I didn't find a specific previous post addressing this question.

I can't see any reason why an age 59 1/2 employee couldn't take a 403(b) distribution in the form of a rollover to the same employer's 401(k) (assuming 401(k) eligibility assuming the 401(k) accepts rollovers, and assuming only 'eligible' amounts are rolled over). But I'm new to 403(b)s.

Am I missing something?

[J Simmons]

ERISAatty,

I think you are correct. Reaching age 59 1/2 is a distribution trigger (or as Bob likes to say, "access event") that permits the assets to leave the context of a 403b contract despite the continued active employment with the employer.

Because the active employee is such, he might be eligible for the 401k plan to receive rollovers into the 401k plan--which by virtue of his age can now be made from his 403b plan.

If you're missing something I don't see it, but then I'm only a birddog.