If, on the other hand, you roll over only $8,000, the $2,000 you did
not roll over is taxed (and potentially subject to penalty) in the year
it was withheld. When you file your income tax return, you may
get a refund of part of the $2,000 withheld. However, any refund is
likely to be larger if you roll over the entire $10,000.
Additional 10% Tax if You Are Under Age 59½. If you receive
a payment before you reach age 59½ and you do not roll it
over, then, in addition to the regular income tax, you may have
to pay an extra tax equal to 10% of the taxable portion of the
payment. The additional 10% tax generally does not apply to
(1) payments that are paid after you separate from service with
your employer during or after the year you reach age 55, (2)
payments that are paid because you retire due to disability, (3)
payments that are paid as equal (or almost equal) payments over
your life or life expectancy (or your and your beneficiary’s lives
or life expectancies), (4) payments that are paid directly to the
government to satisfy a federal tax levy, (5) payments that are paid
to an alternate payee under a qualified domestic relations order,
(6) payments made to the extent you have deductible medical
expenses that are greater than 7.5% of your adjusted gross income,
(7) payments from a defined benefit, defined contribution, or other
governmental plan to a qualified public safety employee following
separation from service in the year in which they attain age 50 or
25 years of service, whichever comes first (see IRS Form 5329
for more information on the additional 10% tax), (8) payments
of up to $5,000 made to you from a defined contribution plan
if the payment is a qualified birth or adoption distribution, or (9)
payments excepted from the additional income tax by federal
legislation relating to certain emergencies and disasters.
The additional 10% tax will not apply to distributions from a
governmental 457 plan, except to the extent the distribution is
attributable to an amount you rolled over to that plan (adjusted
for investment returns) from another type of eligible employer
plan or IRA. Any amount rolled over from a governmental 457
plan to another type of eligible employer plan or to an IRA will
become subject to the additional 10% tax if it is distributed to you
before you reach age 59½, unless one of the exceptions applies.
Special Tax Treatment if You Were Born Before January 2, 1936.
If you receive a payment from a plan qualified under section
401(a) or a section 403(a) annuity plan that can be rolled over
under Part I and you do not roll it over to a traditional IRA or an
eligible employer plan, the payment will be taxed in the year
you receive it. However, if the payment qualifies as a “lump-
sum distribution,” it may be eligible for special tax treatment.
A lump-sum distribution is a payment, within 1 year, of your
entire balance under the Plan (and certain other similar plans
of the employer) that is payable to you after you have reached
age 59½ or because you have separated from service with your
employer (or, in the case of a self-employed individual, after
you have reached age 59½ or have become disabled). For a
payment to be treated as a lump-sum distribution, you must
have been a participant in the plan for at least 5 years before
the year in which you received the distribution. The special tax
treatment for lump-sum distributions that may be available to
you is described below.
Ten-Year Averaging. If you receive a lump-sum distribution
and you were born before January 2, 1936, you can make a
one-time election to figure the tax on the payment by using
“10-year averaging” (using 1986 tax rates). Ten-year averaging
often reduces the tax you owe.
There Are Other Limits on the Special Tax Treatment for
Lump-Sum Distributions. For example, you can generally elect
this special tax treatment only once in your lifetime, and the
election applies to all lump-sum distributions that you receive
in that same year. You cannot elect this special tax treatment if
you rolled amounts into this Plan from a 403(b) tax-sheltered
annuity contract, from a governmental 457 plan, or from an
IRA not originally attributable to a qualified employer plan. If
you have previously rolled over a distribution from this Plan (or
certain other similar plans of the employer), you cannot use this
special averaging treatment for later payments from the Plan. If
you roll over your payment to an IRA, governmental 457 plan, or
403(b) tax-sheltered annuity, you will not be able to use special
tax treatment for later payments from that IRA, plan, or annuity.
Also, if you roll over only a portion of your payment to an IRA,
governmental 457 plan, or 403(b) tax-sheltered annuity, this
special tax treatment is not available for the rest of the payment.
See IRS Form 4972 for additional information on lump-sum
distributions and how you elect the special tax treatment.
Special Election by Eligible Retired Public Safety Employees.
If you are an “eligible retired public safety employee,” you can make
an election to exclude up to $3,000 of your otherwise taxable
payment from your gross income, and not be taxed on the amount
you exclude. The $3,000 can be used to pay for health insurance
premiums for accident and health insurance plans, as well as for
a qualified long-term care insurance contract covering you, your
spouse, or your dependents. All distributions are combined from
all of your eligible retirement plans — section 401(a), 457(b), 403(a)
and 403(b) plans — for purposes of the $3,000 limit. You are an
“eligible retired public safety employee” if you separated from
service as a public safety employee of the employer maintaining
the plan, and your separation from service was due to your
disability or attainment of normal retirement age. Contact the Plan
Administrator for more information about this special election.
IV. SURVIVING SPOUSES, ALTERNATE
PAYEES, AND OTHER BENEFICIARIES
In general, the rules summarized in this notice that apply to
payments to employees also apply to payments to surviving
spouses of employees and to spouses or former spouses who are
“alternate payees.” You are an alternate payee if your interest in
the Plan results from a “qualified domestic relations order,” which
is an order issued by a court, usually in connection with a divorce
or legal separation.
If you are a surviving spouse or an alternate payee, you can
choose to have a payment that can be rolled over, as described
in Part I of this notice, paid in a DIRECT ROLLOVER to a traditional
or Roth IRA or to an eligible employer plan or paid to you. If
you have the payment paid to you, you can keep it or roll it over
yourself to a traditional IRA or to an eligible employer plan. Thus,
you have the same choices as the employee.
The Plan allows non-spouse beneficiaries to make a DIRECT
ROLLOVER of their share of an employee’s account. If the account
owner passed away prior to January 1, 2020, there are several
flexible payment options for non-spouse beneficiaries. If the
account holder passed away after December 31, 2019, and the
non-spouse is not an eligible designated beneficiary, the total
account balance must be distributed within 10 years.
If you are a surviving spouse, an alternate payee, or another
beneficiary, your payment is generally not subject to the
additional 10% tax described in Part III of this notice, even if you
are younger than age 59½.
How to Obtain Additional Information
This notice summarizes only the federal (not state or local) tax
rules that might apply to your payment. The rules described
in this notice are complex and contain many conditions and
exceptions that are not included in this notice. Therefore, you
may want to consult with the Plan Administrator, an EY financial
planner, or a professional tax advisor before you take a payment
of your benefits from your Plan. Also, you can find more specific
information on the tax treatment of payments from qualified
employer plans in IRS Publication 575, Pension and Annuity
Income, and IRS Publications 590-A and 590-B, Contributions to
and Distributions from Individual Retirement Arrangements (IRAs),
respectively. These publications are available from your local IRS
office, on irs.gov, or by calling 1-800-TAX-FORMS.
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