Let’s look at the definition from the IRS…
DefinitionOnly Eligible Rollover Distributions, or ERDs, can be rolled over, according to the IRS. The definition that is given is really an anti-definition, explaining that any normally taxable distribution is eligible for rollover unless it fits the exceptions listed.
An ERD is defined as – a distribution that is eligible to be rolled over to an eligible retirement plan. Eligible rollover distributions include a participant’s balance in a qualified plan, 401(k), 403(b) or 457 plan, except for certain amounts that include the following:
- Any of a series of substantially equal periodic payments (SOSEPP) paid at least once a year over:
- The participant’s lifetime or life expectancy,
- The joint lives or life expectancies of the participant and his/her beneficiary, or
- A period of 10 years or more,
- A required minimum distribution,
- Hardship distributions,
- Corrective distributions of excess contributions or excess deferrals, and any income allocable to the excess, or of excess annual additions and any allocable gains,
- A loan treated as a distribution because it does not satisfy certain requirements either when made or later (such as upon default), unless the participant’s accrued benefits are reduced (offset) to repay the loan
- Dividends on employer securities, and
- The cost of life insurance coverage.
So, as long as the distribution plan that you set up doesn’t fit any of the requirements above and has a payout period of 10 years or less, your distributions can be considered ERDs, and therefore rolled over into an IRA or other retirement plan.
Understand that these distributions will be subject to mandatory 20% withholding if paid out to you. Plus, you must complete the rollover within 60 days when it’s not done by trustee-to-trustee (or direct) rollover.
Whenever possible, you would want to set up these payments as direct rollovers into your IRA (or other QRP) to avoid this withholding requirement and 60-day limit. If this can’t be done, you should make up the 20% withheld difference from other savings as you rollover the distributions in order to avoid tax and penalties.