Blogs - Practical Benefits Lawyer

IRS Issues Guidance on In-Plan Roth Rollovers

December 27, 2013
The IRS recently released Notice 2013-74, which provides guidance related to in-plan Roth rollovers of amounts not otherwise distributable under a retirement plan.?á Notice 2013-74 supplements Notice 2010-84, which provided guidance for in-plan Roth rollovers when the amount was distributable under the plan.?á Plans that elect to permit such in-plan Roth rollovers may, subject to nondiscrimination requirements, choose the types of contributions eligible for an in-plan Roth rollover, including elective deferrals in 401(k) and 403(b) plans, matching contributions, and non-elective contributions. However, such amounts remain subject to the same distribution restrictions that applied before the in-plan rollover.?á Plans wishing to adopt a discretionary amendment permitting such in-plan Roth rollovers have until the later of (i) the last day of the first plan year in which the amendment is effective or (ii) December 31, 2014, so long as the amendment is effective as of the date the plan first operates in accordance with the amendment.?á Notice 2013-74 can be found?áhere.
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