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- Newsgroups: misc.invest
- Subject: Re: More questions about 401(k) and rollovers to new companies
- Path: sparky!uunet!sci34hub!cdthq!gary
- From: gary@cdthq.UUCP (Gary Heston)
- Message-ID: <RL3RwB2w161w@cdthq.UUCP>
- References: <1993Jan1.194454.10122@leland.Stanford.EDU>
- Date: Sat, 02 Jan 93 19:42:38 CST
- Organization: Garys' Home for Obsolete Computers
- Lines: 63
-
- bohnert@leland.Stanford.EDU (matthew bohnert) writes:
-
- > Sorry if this was discussed before, but I came back from vacation with
- > a masssive backlog of misc.invest articles, so I might have missed it.
- > I am currently a student at Stanford. My wife works at a company where they
- > have a 401(k) plan that she has contributed to for two years. In all
- > likelihood, we will be leaving this summer and will have to know what to
- > do with the 401(k) money, per the new IRS rules. Answers to the
- > following questions would be appreciated. I guess `401(k)' below really
- > refers to any qualified retirement plan.
-
- No, it doesn't. There are very distinct differences between "qualified
- retirement plans", 401(k)s, 403(b)s, deferred IRAs, and non-deferred
- IRAs. Be *real* careful about making assumptions regarding these;
- Congress is making this an ever-more-dangerous minefield to walk
- when you have to deal with moving the funds.
-
- > 1. Even though we file a joint tax return, is the 401(k) money considered
- > `her' money by the IRS?
-
- No. In the case of a joint return, it'd be considered joint income.
- The only place where "ownership" would be a concern is divorce court,
- which hopefully you'll never have to go through. (I haven't, just
- watched co-workers; none has regarded it as fun.)
-
- > 2. If we are both employed in the future at companies with NO qualified plan
- > what do we do?
-
- Your biggest concern is what to do when she leaves her job. Do *not*
- take a distribution check. Pick out a place to put an IRA (mutual
- fund house, bank, whatever) and establish a rollover account; then,
- she should have her ex-employer transfer the money *directly* into
- the account. The are obligated to do this if told to; they cannot
- legally *force* her to accept a check, and she should refuse to
- do so if they try.
-
- Once the money is in a rollover IRA, leave it *alone*; no contributions,
- no withdrawls. This way, she can roll it into another 401(k) if she
- goes to work at another company that offers one.
-
- > 3. If I am employed somewhere with a plan and she isn't, do
- > we have to do anything? Could we if we wanted to without penalty?
-
- No, you don't have to do anything; just let it sit in that IRA. That's
- all you can do without incurring penalties (you can, of course, move
- the investment, so long as it meets the IRA restrictions).
-
- > 4. What about the reverse permutation of the above?
-
- If she is offered a 401(k) at her new job, and they permit rollovers
- into it, she can roll the money into it. You cannot roll *her* money
- into your 401(k). (Sorry....)
-
- > 5. I believe if SHE is employed somewhere with a plan, she must roll it into
- > that under the new rules. Is this correct?
-
- No; she is under no obligation to roll the IRA into a new employers'
- 401(k). It's an option, and depending on the terms of the new 401(k),
- she may not want to. Keeping it in an IRA offers *much* more flexibility
- in how the money is invested.
-
- Gary Heston, at home....
- gary@cdthq.uucp
-