Pension, 401(k), and profit-sharing and money-purchase plans are protected from creditors and civil suits under the Employee Retirement Income Security Act of 1974 (ERISA). IRAs are protected from creditors in case of bankruptcy (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005). Protection from civil suits is dependent on individual state statutes.
By rolling company stock into an IRA, the ability to exercise the Net Unrealized Appreciation (NUA) strategy may be lost. The ability to use other tax-efficient strategies, such as 10-year forward averaging, may also be lost. Clients should discuss the tax ramifications of rolling over an employer-sponsored retirement plan to an IRA with their tax professional.
New York Life Insurance Company, its affiliates, and their representatives do not provide tax, legal, or accounting advice. Individuals should consult with their professional advisors for information regarding their personal situation.
Before rolling over the proceeds of your retirement plan to an Individual Retirement Account (IRA) or annuity, consider whether you would benefit from other possible options such as leaving the funds in your current plan or transferring them into a new employer's plan. Consult with each employer's Human Resources Department to learn about important plan features and rules. Be sure to compare the fees and expenses of each plan and investment option to those of any other investments that you are considering. Review plan documents and the IRA agreement, as well as the prospectuses for plan investment options and any other investments that you are considering. Your registered representative can help explain any new product being offered. Neither New York Life nor its representatives or affiliates provide tax or legal advice. Consult with a tax or legal advisor to discuss any questions or concerns that you have, such as the tax consequences of withdrawing funds or removing shares of an employer's stock from a retirement plan and whether money invested in a retirement plan receives greater protection from creditors and legal judgments in your state than money invested in an IRA or annuity. Also consider that you may be able to take taxable, but penalty-free withdrawals from an employer-sponsored retirement plan between the ages of 55 and 59.5 that you would not be able to take if you invest in an IRA or annuity. Additionally, if you plan to work after you reach age 70.5, you may not be required to take minimum distributions from your current employer's retirement plan but would be required to do so for funds invested in an IRA or annuity.
Beginning 1/1/15, you can make only one indirect (i.e., 60 day) IRA rollover in any 12-month period, regardless of the number or types oflRAs you own (see IRS Announcement 2014-32); however, you may continue to make an unlimited number of direct and trustee-to-trustee transfers (transfers directly between IRAs) as well as unlimited rollovers from traditional IRAs to Roth IRAs ("conversions"). Please consult your tax advisor prior to effecting a rollover.