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Current as of January 01, 2025 | Updated by Findlaw Staff
Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given.
(b) “Distributee” means:
(1) a participant in a covered retirement plan listed insection 356.611, subdivision 6;
(2) the surviving spouse of a participant;
(3) the former spouse of the participant who is the alternate payee under a qualified domestic relations order as defined insection 414(p) of the Internal Revenue Code, or who is a recipient of a court-ordered equitable distribution of marital property, as provided insection 518.58; or
(4) a nonspousal beneficiary of a participant who qualifies for a distribution under the plan and is a designated beneficiary as defined insection 401(a)(9)(E) of the Internal Revenue Code.
(c) “Eligible retirement plan” means:
(1) an individual retirement account undersection 408(a)or408A of the Internal Revenue Code;
(2) an individual retirement annuity plan undersection 408(b) of the Internal Revenue Code;
(3) an annuity plan undersection 403(a) of the Internal Revenue Code;
(4) a qualified trust plan undersection 401(a) of the Internal Revenue Codethat accepts the distributee's eligible rollover distribution;
(5) an annuity contract undersection 403(b) of the Internal Revenue Code;
(6) an eligible deferred compensation plan undersection 457(b) of the Internal Revenue Code, which is maintained by a state or local government and which agrees to separately account for the amounts transferred into the plan;
(7) in the case of an eligible rollover distribution to a nonspousal beneficiary, an individual account or annuity treated as an inherited individual retirement account undersection 402(c)(11) of the Internal Revenue Code; or
(8) a savings incentive match plan for employees of small employers (SIMPLE) individual retirement account undersection 408(p) of the Internal Revenue Code, provided that the rollover distribution is made after the two-year period beginning on the date the distributee first participated in any qualified salary reduction arrangement maintained by the distributee's employer undersection 408(p)(2) of the Internal Revenue Code, as described insection 72(t)(6) of the Internal Revenue Code.
(d) “Eligible rollover distribution” means any distribution of all or any portion of the balance to the credit of the distributee. An eligible rollover distribution does not include:
(1) a distribution that is one of a series of substantially equal periodic payments, receivable annually or more frequently, that is made for the life or life expectancy of the distributee, 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;
(2) a distribution that is required undersection 401(a)(9) of the Internal Revenue Code; or
(3) any other exception required by law or the Internal Revenue Code.
Subd. 2. Right to elect direct rollover. Except as provided in subdivision 3 for after-tax contributions, a distributee may elect, at the time and in the manner prescribed by the plan administrator, to have all or any portion of an eligible rollover distribution paid directly to an eligible retirement plan as specified by the distributee.
Subd. 3. Distributions of after-tax contributions. For distributions of after-tax contributions which are not includable in gross income, the after-tax portion may be transferred only to an individual retirement account or annuity described insection 408(a)or(b) of the Internal Revenue Code, to a Roth individual retirement account described insection 408A of the Internal Revenue Code, to a qualified plan described in eithersection 401(a) of the Internal Revenue Code, or to an annuity contract described insection 403(b) of the Internal Revenue Code, that agrees to separately account for the amounts transferred, including separately accounting for the portion of the distribution which is includable in gross income and the portion of the distribution which is not includable.
Cite this article: FindLaw.com - Minnesota Statutes Retirement (Ch. 352-356B) § 356.633. Direct rollovers - last updated January 01, 2025 | https://codes.findlaw.com/mn/retirement-ch-352-356b/mn-st-sect-356-633/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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