Before you roll overWhat a retirement account costs, and what it forbids

Can I roll my 401(k) into an IRA while I still work there?


Summary

Usually only after 59½, and only if your plan allows it. The money you deferred from your paycheck is locked in by the tax rules until a "distributable event," and for someone still on the job the ones that usually come up are turning 59½ or a financial hardship. A hardship withdrawal can't go into an IRA, so in practice the question becomes whether your plan offers in-service withdrawals at 59½.

The events the IRS lists

The IRS says elective deferrals "generally" can't be distributed until one of these happens:

Read closely, that's a list of when the plan is permitted to pay, not when it has to. The rollover page makes the same point from the other side: "to get a distribution from a retirement plan, you have to meet the plan's conditions for a distribution." Two employers can both have 401(k)s and give a 60-year-old employee opposite answers.

The list covers elective deferrals, the money taken out of your paycheck. The IRS page does not say when employer matching or profit-sharing money can be paid to someone still working, so for that part of the balance the plan's written distribution rules decide, and the plan administrator can say which contribution sources it releases in service.

If the plan does pay you at 59½, the payment can go straight to an IRA as a direct rollover, and the IRS says that way "no taxes are withheld." Paid to you instead, the taxable amount has 20% federal income tax withheld even if you deposit it in an IRA within 60 days.

Hardship doesn't open a path to an IRA

Plans don't have to offer hardship withdrawals at all. "A retirement plan may, but is not required to, provide for hardship distributions," the IRS FAQ says. Where they do exist, the same FAQ says: "A hardship distribution cannot be rolled over into an IRA or another qualified plan." It can't be paid back to the plan either. The money is taxed as income unless it's designated Roth money, and if you are under 59½ a 10% additional tax on early distributions may also apply.

Who else has a say

Your spouse, possibly. "Depending on the type of benefit distribution provided under your 401(k) plan," the IRS notes, "the plan may also require the consent of your spouse before making a distribution."

Sources

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