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<section article="gsp" article_name="State Personnel and Pensions" number="21-601" title_number="21" title_name="State Retirement and Pension System" subtitle_number="6" subtitle_name="Eligible Rollover Distributions">
  <level label="a">
    <text>In this subtitle the following words have the meanings indicated.</text>
  </level>
  <level label="b">
    <text>“Direct rollover” means a payment by the State Retirement Agency directly to the eligible retirement plan specified by the participant, the surviving spouse of a participant, or the designated beneficiary of the participant.</text>
  </level>
  <level label="c">
    <text>“Eligible retirement plan” means:</text>
    <level label="1">
      <text>an individual retirement account described in § 408(a) of the Internal Revenue Code;</text>
    </level>
    <level label="2">
      <text>an individual retirement annuity, other than an endowment contract, described in § 408(b) of the Internal Revenue Code;</text>
    </level>
    <level label="3">
      <text>a qualified trust described in § 401(a) of the Internal Revenue Code that is exempt from tax under § 501(a) of the Internal Revenue Code;</text>
    </level>
    <level label="4">
      <text>an annuity plan described in § 403(a) of the Internal Revenue Code;</text>
    </level>
    <level label="5">
      <text>an annuity plan described in § 403(b) of the Internal Revenue Code;</text>
    </level>
    <level label="6">
      <text>a deferred compensation plan described in § 457(b) of the Internal Revenue Code, or any successor provisions, that is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or a political subdivision of a state that agrees to account separately for amounts transferred into that plan; or</text>
    </level>
    <level label="7">
      <text>effective January 1, 2008, a Roth Individual Retirement Account described in § 408A of the Internal Revenue Code.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>“Eligible rollover distribution” means a distribution:</text>
      <level label="i">
        <text>on or after January 1, 1993, to a participant of all or any part of the balance to the credit of the participant in any State system;</text>
      </level>
      <level label="ii">
        <text>on or after January 1, 2002, to the surviving spouse of a member, former member, or retiree, or to a spouse or former spouse who is an alternate payee under an eligible domestic relations order, as defined in § 414(p) of the Internal Revenue Code, of all or any part of the balance to the credit of the member, former member, retiree, or surviving spouse in any State system; or</text>
      </level>
      <level label="iii">
        <text>on or after January 1, 2007, to the designated nonspouse beneficiary of a member, former member, or retiree of all or any part of the balance to the credit of the member, former member, retiree, or designated nonspouse beneficiary in any State system.</text>
      </level>
    </level>
    <level label="2">
      <text>“Eligible rollover distribution” does not include:</text>
      <level label="i">
        <text>any distribution that is one of a series of substantially equal periodic payments that are made at least annually for the life or life expectancy of the participant or the joint lives or joint life expectancies of the participant and the participant’s beneficiary;</text>
      </level>
      <level label="ii">
        <text>any distribution that is one of a series of substantially equal periodic payments made for a specified period of at least 10 years;</text>
      </level>
      <level label="iii">
        <text>any distribution that is required under § 401(a)(9) of the Internal Revenue Code;</text>
      </level>
      <level label="iv">
        <text>any distribution that is reasonably expected to total less than $200 during the calendar year; or</text>
      </level>
      <level label="v">
        <text>any other distribution that the Internal Revenue Service does not consider eligible for rollover treatment, including corrective distributions necessary to comply with the provisions of § 415 of the Internal Revenue Code.</text>
      </level>
    </level>
    <level label="3">
      <level label="i">
        <text>Effective January 1, 2002, a portion of a distribution will not fail to be an eligible rollover distribution merely because that portion consists of after–tax employee contributions that are not includible in gross income.</text>
      </level>
      <level label="ii">
        <text>A portion of a distribution described in subparagraph (i) of this paragraph may be transferred only to:</text>
        <level label="1">
          <text>an individual retirement account or annuity described in § 408(a) or (b) of the Internal Revenue Code;</text>
        </level>
        <level label="2">
          <text>a qualified defined contribution plan described in § 401(a) of the Internal Revenue Code that agrees to account separately for amounts transferred to the account and earnings received as a result of the transferred amounts;</text>
        </level>
        <level label="3">
          <text>on or after January 1, 2007, to a qualified defined benefit plan described in § 401(a) of the Internal Revenue Code or to an annuity contract described in § 403(b) of the Internal Revenue Code, that agrees to account separately for amounts transferred to the account and earnings received as a result of the transferred amounts; or</text>
        </level>
        <level label="4">
          <text>on or after January 1, 2008, to a Roth IRA described in § 408 of the Internal Revenue Code.</text>
        </level>
      </level>
      <level label="iii">
        <text>A transfer to an eligible retirement plan described in subparagraph (ii)2, 3, or 4 of this paragraph may be made only through a direct rollover.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <text>“Supplemental plan” means the Board of Trustees of the Maryland State Employees Supplemental Retirement Plans.</text>
  </level>
</section>
