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Question

Asked 11/27/2007

401k rollover?

Does the company I work for have a legal right to keep my money in a old 401k even after the company sold to a larger company, the name has changed somewhat and the new owners have there own company 401k for us? as of the first of the year we can no longer contribute to the old 401k they said our only option was to leave it where it is now or roll it to the new 401 k the new owners have. I want to put it in an ira that I control. can I do this? what are my option.

 
 
 
 
 
 
Answers

Answer 1/6 - Submitted 11/27/2007

The law allows you to roll a 401k into an IRA at least under some circumstances...I did it awhile back. Check yhe IRS website www.irs.gov and you should be able to find out for certain.

 
 

Answer 2/6 - Submitted 11/27/2007

You should be able to roll it over into a self directed IRA.

 
 

Answer 3/6 - Submitted 11/27/2007

You would have to ask your HR, or bypass them and ask the company that provides your 401 service (such as Fidelity, ADP, etc...) The 401K is company controlled, and contributed to, they set the rules along with the service provider to what is allowed. I have typically been able to roll over to an IRA, but have seen ones that only allow it when you leave the company. I would ask the service provider directly, or HR as a second shot. I have had a few 401K's at different companies, and the rules vary slightly.

 
 

Answer 4/6 - Submitted 11/27/2007

Best of my knowledge you cant transfer to ira either you can transfer to new company or you can with drawn but you can't transfer directly to IRA.

 
 

Answer 5/6 - Submitted 11/27/2007

You cannot roll your 401K into an IRA just because the existing compnay was aquired. The new entity must maintain a bifurcated plan going forward. Depending on the options offerd in the new plan I may be inclined to roll it into the new plan. Compare the asset options and act accordingly.

 
 

Answer 6/6 - Submitted 11/27/2007

completely legal for them to do this as it 100% depends on how the sale transaction is structured. As they are not allowing cash outs then it looks like the assets of the plan were merged into the assets of the new plan but they were allowing you the choice of the old investments or the new investments. So, technically, it's not even a rollover; just a change in who the assets are invested with. Happens all the time. Only thing I question is whether they can legally limit contributions to the new plan....but if you push that they may force everyone out of the old which wouldn't serve your purpose or make you the most popular kid on the block.

 
 
 
 

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