Can a terminated employee who was in a DB plan rollover his funds into

[Guest Tara Curran]

Can a terminated employee who was in a DB plan rollover his funds into his new employer's DC plan? Please provide the regulation or code section.

[Guest]

I don't see why not, assuming the following:

1) DB plan permits lump sum distributions

2) He/she has satisfied all the requirements to receive a lump sum

2) He/she obtains the necessary spousal consents to receive the lump sum

3) New employer's DC plan permits the rollover

I don't know the code sections without looking them up. Do you have reason to believe there would be a problem?

[david rigby]

I think the receiving plan must affirmatively state that it will accept rollovers.

[Guest Jeff V]

The rules on rollovers to and from qualified trusts can be found in IRC 402(a) through 402(f). Since the rules refer to trusts qualified under IRC 401(a), plan type doesn't matter. Qualification does matter, and generally if a plan is qualified the trust is.