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Subject:  Re: 401K problem Date:  8/4/2010  11:12 PM
Author:  BruceCM Number:  67394 of 90743

Worst case scenerio:

By law, a plan must allow distributions to a terminated employee no later than the later of (i) attainment of normal retirement age (or age 65, if earlier), or (ii) the 10th anniversary of commencement of participation (IRC Section 401(a)(14)--until then, no distributions are required (by law), even if termination of employment has occurred. (Of course, you need to check the plan document to determine if the plan requires such a wait for distributions or whether it permits distributions earlier.)

But, once distributions are permitted under the terms of the plan, then rollovers directly into another qualified plan or IRA must be allowed (at the request of the employee). (IRC Section 401(a)(31)(A).)

If you meet this maximum holding period or the plan allows an earlier rollover, I'd roll over the account balance post-haste. If you don't, you can expect more frustrations, bureaucratic fumbling and indifference.

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