Alabama § 45-37-123.109 - Participant Distribution Notice.

§ 45-37-123.109. Participant Distribution Notice.

(a) The pension board shall during the 30 to 180 day period before making an eligible rollover distribution, provide a written explanation to the recipient:

(1) Of the provisions under which the recipient may have the distribution directly transferred to an eligible retirement plan and that the automatic distribution by direct transfer applies to certain distributions in accordance with § 401(a)(31)(B), Internal Revenue Code;

(2) Of the provision which requires the withholding of tax on the distribution if it is not directly transferred to an eligible retirement plan;

(3) Of the provisions under which the distribution shall not be subject to tax if transferred to an eligible retirement plan within 60 days after the date on which the recipient received the distribution;

(4) If applicable, of the provisions of §§ 402(d) and 402(e), Internal Revenue Code;

(5) Of the provisions under which distributions from the eligible retirement plan receiving the distribution may be subject to restrictions and tax consequences which are different from those applicable to distributions from the plan making such distribution; and

(6) A description of the consequences of failing to defer receipt of a distribution.

(b) For purposes of this subsection, the terms eligible rollover distribution and eligible retirement plan shall have the following meanings:

The term eligible rollover distribution has the same meaning as when used in § 402(c), § 403(a)(4), § 403(b)(8)(A), or § 457(e)(16)(A), Internal Revenue Code. Such term shall include any distribution to a designated beneficiary which would be treated as an eligible rollover distribution by reason of § 402(c)(11), Internal Revenue Code or § 403(a)(4)(B), § 403(b)(8)(B), or § 457(e)(16)(B), Internal Revenue Code if the requirements of § 402(c)(11), Internal Revenue Code, were satisfied.

(2) The term eligible retirement plan has the meaning given such term by § 402(c)(8)(B), Internal Revenue Code.