Rollover Contribution. A contribution to the Plan of (a) an "eligible rollover distribution" (as defined below), or (b) the entire amount of a distribution that is attributable solely to a rollover contribution from a qualified plan and otherwise satisfies the requirements of section 408(d)(3)(A)(ii) of the Code (relating to individual retirement rollover accounts). An "eligible rollover distribution" is any distribution of all or any portion of the balance to the credit of the distributee from a plan that meets the requirements for qualification under section 401(a) of the Code, except (a) any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten years or more, (b) any distribution to the extent the distribution is required under section 401(a)(9) of the Code, (c) the portion of any distribution that is not includible in gross income (other than a distribution from a designated Xxxx account, as defined in section 402A of the Code), (d) any distribution which is made upon the hardship of the distributee, and (e) such other amounts specified in Treasury regulations, rulings, notices or announcements issued under section 402(c) of the Code. For purposes of this Subsection, a portion of a distribution shall not fail to be an "eligible rollover distribution" merely because the portion consists of after-tax contributions which are not includible in gross income, including any amounts distributed from a Xxxx account (as defined in section 402A of the Code). However, such portion may be transferred only to an individual retirement account or annuity described in section 408(a) or (b) of the Code, or to a qualified trust (within the meaning of section 402(c) of the Code) or an annuity contract described in section 403(b) of the Code that agrees to separately account for amounts so transferred (and earnings thereon), including separately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible.
Appears in 3 contracts
Samples: Pension & Insurance Agreement, Pension & Insurance Agreement, Pension & Insurance Agreement
Rollover Contribution. A contribution to Unless provided otherwise in the Adoption Agreement, a Participant and an Employee in an eligible class of Employees who has not met the eligibility requirements for participation in the Plan may make a Rollover Contribution to any Defined Contribution Plan established hereunder of all or any part of an amount distributed or distributable to him or her from a Qualified Deferred Compensation Plan provided:
(a) an "eligible rollover distribution" (as defined below), or the amount distributed to the Participant is deposited in the Plan no later than the sixtieth day after such distribution was received by the Participant,
(b) the entire amount of a distribution that distributed is attributable solely to a rollover contribution from a qualified plan and otherwise satisfies the requirements of section 408(d)(3)(A)(ii) of the Code (relating to individual retirement rollover accounts). An "eligible rollover distribution" is any distribution of all or any portion of the balance to the credit of the distributee from a plan that meets the requirements for qualification under section 401(a) of the Code, except (a) any distribution that is not one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee Participant or the joint lives (or joint life expectancies) of the distributee Participant and the distributeeParticipant's designated beneficiaryDesignated Beneficiary, or for a specified period of ten years or more, ;
(bc) any distribution to the extent the distribution amount distributed is not required under section 401(a)(9) of the Code;
(d) if the amount distributed included property such property is rolled over, or if sold the proceeds of such property may be rolled over,
(ce) the portion of any distribution that amount distributed is not includible in gross income (other than a distribution from a designated Xxxx accountdetermined without regard to the exclusion for net unrealized appreciation with respect to employer securities). In addition, if the Adoption Agreement allows Rollover Contributions, the Plan will also accept any Eligible Rollover Distribution (as defined at paragraph 1.69) directly to the Plan. Rollover Contributions, which relate to distributions prior to January 1, 1993, must be made in section 402A of the Code), accordance with paragraphs (da) any distribution which is made upon the hardship of the distributee, and through (e) and additionally meet the requirements of paragraph (f):
(f) the distribution from the Qualified Deferred Compensation Plan constituted the Participant's entire interest in such other amounts specified in Treasury regulations, rulings, notices or announcements issued under section 402(cPlan and was distributed within one taxable year to the Participant:
(1) on account of the Code. For purposes of this Subsectionseparation from Service, a portion Plan termination, or in the case of a distribution shall not fail to be an "eligible rollover distribution" merely because profit-sharing or stock bonus plan, a complete discontinuance of contributions under such plan within the portion consists meaning of after-tax contributions which are not includible in gross income, including any amounts distributed from a Xxxx account (as defined in section 402A of the Code). However, such portion may be transferred only to an individual retirement account or annuity described in section 408(a) or (bSection 402(a)(6)(A) of the Code, or
(2) in one or to more distributions which constitute a qualified trust (lump sum distribution within the meaning of section 402(cCode Section 402(e)(4)(A), determined without reference to subparagraphs (B) of and (H), Such Rollover Contribution may also be made through an Individual Retirement Account qualified under Code Section 408 where the CodeIRA was used as a conduit from the Qualified Deferred Compensation Plan, the Rollover Contribution is made in accordance with the rules provided under paragraph (a) through (e) and the Rollover Contribution does not include any regular IRA contributions, or an annuity contract described in section 403(b) of the Code that agrees to separately account for amounts so transferred (and earnings thereon), including separately accounting which the Participant may have made to the IRA. Rollover Contributions which relate to distributions prior to January 1, 1993, may be made through an IRA in accordance with paragraphs (a) through (f) and additional requirements as provided in the previous sentence. The Trustee shall not be held responsible for determining the portion tax-free status of such distribution which is includible in gross income and the portion of such distribution which is not so includibleany Rollover Contribution made under this Plan.
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Samples: Adoption Agreement (Shared Technologies Cellular Inc)