SIMPLE

Hi, 

One of the participant is trying to rollover his 401k Plan into his SIMPLE however there was no funding for 2 years (into his SIMPLE).  if the there was no funding for 2 years is it true the part will not be able to rollover the funds to his SIMPLE? 

Thanks 

Not quite sure what you mean by 2 years. For example, was a deposit made to the SIMPLE = > 2 years ago, but nothing during the last 2 years? In that case, the rollover could be made. If the participant has never participated in the SIMPLE, or if that participation is less than 2 years from the date of first deposit to the SIMPLE, then no, he can't roll his 401(k) to the SIMPLE.