§ 9-7. Direct rollovers.

(a) Definitions.

(1) In general.

In this section, the following terms have the meanings indicated.

(2) "Distributee".

"Distributee" means:

(i) an employee or former employee;

(ii) the employee's or former employee's spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in IRC § 414(p), with regard to the interest of the spouse or former spouse; or

(iii) the employee's or former employee's nonspouse designated beneficiary, if the direct rollover is made to an individual retirement account or annuity ("IRA") under IRC § 408(a) or § 408(b) that:

(A) is established on behalf of the designated beneficiary; and

(B) is treated as an inherited IRA under IRC § 402(c)(11).

(3) "Eligible retirement plan".

"Eligible retirement plan" means any of the following that accepts a distributee's eligible rollover distribution:

(i) an individual retirement account under IRC § 408(a);

(ii) an individual retirement annuity under IRC § 408(b);

(iii) a qualified plan under IRC § 401(a);

(iv) an annuity plan under IRC § 403(a);

(v) an eligible deferred compensation plan under IRC § 457(b) that is maintained by a state, a political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and that agrees to separately account for amounts transferred from the Retirement Savings Plan;

(vi) an annuity contract described in IRC § 403(b); and

(vii) a Roth IRA described in IRC § 408A.

(4) "Eligible rollover distribution".

(i) In general.

"Eligible rollover distribution" means any distribution of all or any portion of the balance to the credit of the distributee.

(ii) Exclusions.

"Eligible rollover distribution" does not include:

(A) any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of 10 years or more;

(B) any distribution to the extent that it is required under IRC § 401(a)(9);

(C) any distribution that is made on account of hardship; and

(D) subject to subparagraph (iii) of this paragraph, the portion of any distribution that is not includible in gross income.

(iii) Qualifications for exclusion under subparagraph (ii)(D).

(A) Notwithstanding subparagraph (ii)(D) of this paragraph, a portion of a distribution does not fail to be an "eligible rollover distribution" merely because the portion consists of after-tax employee contributions that are not includible in gross income.

(B) Sub-subparagraph (A) of this subparagraph applies only if the portion is transferred to:

1. a traditional individual retirement account or annuity under IRC § 408(a) or § 408(b) or a Roth individual retirement account or annuity under IRC § 408A; or

2. a qualified plan under IRC § 401(a) or § 403(a) or an annuity contract under IRC§ 403(b), if the plan or contract provides for:

a. separate accounts for amounts so transferred (including earnings on the transferred amounts); and

b. separate accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible.

(b) Direct rollovers.

Notwithstanding any provision of this article that would otherwise limit a distributee's election under this section, a distributee may elect, at the time and in the manner directed by the Board of Trustees, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover.