You have 60 days to re-deposit your funds into a new retirement account after it's been released from your old plan. If this does not occur, you can be hit with tax liabilities and penalties.
There are a few things to remember when you go to rollover your 401(k) from a previous employer. If your previous employer disburses your 401(k) funds to you, you have 60 days to rollover those funds into an eligible retirement account. Take too long, and you'll be subject to early withdrawal penalty taxes.
Transfer rules.
Failure to follow 401(k) transfer rules may result in extra penalties and taxes. For example, if you don't do a direct rollover and receive the funds from your previous employer's plan in the form of a check, a mandatory 20% withholding will apply.
What happens to your 401(k) when you leave? Since your 401(k) is tied to your employer, when you quit your job, you won't be able to contribute to it anymore. But the money already in the account is still yours, and it can usually just stay put in that account for as long as you want — with a couple of exceptions.
If you don't roll over your payment, it will be taxable (other than qualified Roth distributions and any amounts already taxed) and you may also be subject to additional tax unless you're eligible for one of the exceptions to the 10% additional tax on early distributions.
When you quit your job, your 401(k) could be left with your old employer if you choose. Alternatively, they could be rolled over to an IRA if you decide to. Your 401(k) could also be rolled over automatically to an IRA by your employer if it has less than $5000 in balance.
You have 60 days from the date you receive an IRA or retirement plan distribution to roll it over to another plan or IRA. The IRS may waive the 60-day rollover requirement in certain situations if you missed the deadline because of circumstances beyond your control.
You can leave your 401(k) in your former employer's plan if you meet the minimum balance requirement. Employers require employees to have at least $5,000 in 401(k) savings if they decide to leave their money behind indefinitely.
Once your work with an employer ends, options for the 401(k) plan you hold with the company include cashing it out, rolling it over to your new employer's 401(k), or transferring it into an individual retirement account (IRA).
Under federal law an employer can take back all or part of the matching money they put into an employee's account if the worker fails to stay on the job for the vesting period. Employer matching programs would not exist without 401(k) plans.
Cashing Out a 401(k) in the Event of Job Termination
You just need to contact the administrator of your plan and fill out certain forms for the distribution of your 401(k) funds. However, the Internal Revenue Service (IRS) may charge you a penalty of 10% for early withdrawal, subject to certain exceptions.
The Bottom Line. The IRS does not suspend its rules on early withdrawals when you leave one job for another. If you cash out your 401(k), you have 60 days to put that money into another qualified retirement account or else penalties and taxes will apply.
The money you contribute to your 401k is always 100 percent yours but you must be fully vested to claim all of the money your employer contributes. Vesting typically takes three to six years depending on your company's plan. Fully vested, by definition, means that you own all the funds in your account.
The pros of rolling over 401(k) to a new employer's 401(k) include ease of management, employer's match, tax savings, and early retirement options. The cons include higher fees, limited control, limited investment options, and potential tax implications.
Typically, if you leave your employer before you are fully vested, you will forfeit all or a portion of the employer-provided contributions to your account.
To find out your vesting schedule, check with your company's benefits administrator. The upshot: It can usually take around three to five years before you own all of your company matching contributions. Leave your job before then, and you'll lose some of that delightful free money - even if you're laid off.
Participant's rights upon plan termination
Upon plan termination, participants must be immediately 100% vested in all accrued benefits. In a 401(k) plan, for example, this means that employer matching and profit-sharing contributions must become fully vested regardless of the vesting schedule in the plan document.
If you miss the 60-day deadline, the taxable portion of the distribution — the amount attributable to deductible contributions and account earnings — is generally taxed. You may also owe the 10% early distribution penalty if you're under age 59½.
Unless your former employer cashed out your 401(k) and gave you a check, you don't have to complete a rollover right away. In fact, it's often wise to wait until any probationary period on the new job is complete and you're sure you'll be with this employer for a while.
It can be tempting to withdraw all the money in your 401(k) plan each time you change jobs, but this is generally a poor financial decision. Withdrawals from 401(k)s before age 55 are typically subject to income tax and a 10% early withdrawal penalty, which will easily eliminate a large chunk of your savings.
The easiest way to recover funds left behind is to contact your employer. As long as the company is still in business, call the HR department and ask to have them verify your participation in the 401(k) plan.
For amounts below $5000, the employer can hold the funds for up to 60 days, after which the funds will be automatically rolled over to a new retirement account or cashed out. If you have accumulated a large amount of savings above $5000, your employer can hold the 401(k) for as long as you want.
Under federal law an employer can take back all or part of the matching money they put into an employee's account if the worker fails to stay on the job for the vesting period. Employer matching programs would not exist without 401(k) plans.