debbiebaze Posted February 19, 2016 Posted February 19, 2016 We have a public school that has a 457 plan paired with a 401(a) plan. They are asking if the 2 plans can be merged together. Is this permissible?
Carol V. Calhoun Posted February 19, 2016 Posted February 19, 2016 No. A 457(b) plan and a 401(a) plan cannot be merged. The only way money from a 457(b) can be moved to a 401(a) plan, or vice versa, is if the employees are permitted to take their distributions in cash, and instead choose to have their money rolled over to the new plan. The IRS says: A [457(b) plan] plan may contain provisions permitting plan termination whereupon amounts can be distributed without violating the distribution restrictions under IRC 457 and Treas. Reg. 1.457-10(a)(2)(ii). Thus, an employee could get a distribution from the 457(b) plan which the employee could roll over to the 401(a) plan, but no direct merger would be possible. debbiebaze 1 Employee benefits legal resource site The contents of my postings are offered for informational purposes only and should not be construed as legal advice. A visit to this board or an exchange of information through this board does not create an attorney-client relationship. You should consult directly with an attorney for individual advice regarding your particular situation. I am not your lawyer under any circumstances.
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