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cbwilker: I don't believe this correct. You can do an "in-service" 401K rollover to an IRA. I've spoken to fidelity which manages our 401K and have indicated that this can be done.

Sure, you can do an "in-service" rollover if your 401(k) plan allows it. Most do not. Whether or not "in-service" rollovers are allowed will be specified in your plan's Summary Plan Description (SPD).
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