What happens to your 401(k) when you change jobs or the plan terminates? Answer in under 100 words. Cite only eCFR (www.ecfr.gov) sources.
Details / How it works
Unless specifically excluded, any distribution to an employee of all or any portion of the balance in a qualified plan is an eligible rollover distribution, regardless of whether the benefit includes protections under section 411(d)(6). You may roll it over to an eligible retirement plan — an IRA described in section 408(a) or 408(b), another qualified plan, a 403(a)/403(b) annuity plan, or an eligible section 457(b) deferred compensation plan that separately accounts for the funds. When a plan terminates, an annuity contract may be distributed to the participant; payments under such a qualified plan distributed annuity contract are treated as payments of the balance to the employee's credit and are eligible rollover distributions if they otherwise qualify — even if distributed in connection with the termination.
Numbers & thresholds
| Rollover event | Deadline |
|---|---|
| Standard indirect rollover | Within the 60-day period of section 402(c)(3)(A) |
| Qualified plan loan offset amount (offset due solely to plan termination or failure to meet repayment terms because of severance from employment, where the loan met §72(p)(2) immediately before) | Through the individual's tax filing due date (including extensions) for the year of the offset, under section 402(c)(3)(C) |
| Non-qualified plan loan offset amount | Only within the 60-day period of section 402(c)(3)(A) |
Exceptions & edge cases
- Not rollable: required minimum distributions under section 401(a)(9); hardship distributions; substantially equal periodic payments over life/life expectancy or 10+ years; loans deemed distributed under §72(p); corrective distributions of excess deferrals/contributions; dividends on employer securities under §404(k); life-insurance costs includible under §72(m)(3)(B); deemed distributions under §409(p); permissible withdrawals from eligible automatic contribution arrangements (§414(w)); collectible purchases (§408(m)).
- Basis (after-tax) portions may go to an IRA, may reach a qualified trust only by direct trustee-to-trustee transfer, and may not be rolled into a §457(b) plan.
- Non-spouse beneficiaries cannot roll over a plan distribution; a designated beneficiary may instead use a direct trustee-to-trustee transfer to an inherited IRA under §402(c)(11).
- Surviving spouses (and alternate payees under a QDRO) are taxed as if they were the employee and may roll over.
Sources
- [1]U.S. National Archives, Electronic Code of Federal Regulations — 26 CFR 1.402(c)-2 - Eligible rollover distributions · as of 2026-08-26
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