debbiebaze Posted February 19, 2016 Share 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? Link to comment Share on other sites More sharing options...
Carol V. Calhoun Posted February 19, 2016 Share 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 opinions of my postings are my own and do not necessarily represent my law firm's position, strategies, or opinions. 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. Link to comment Share on other sites More sharing options...
debbiebaze Posted February 19, 2016 Author Share Posted February 19, 2016 Thank you! Link to comment Share on other sites More sharing options...
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