New Mexico Administrative Code
Title 2 - PUBLIC FINANCE
Chapter 80 - PUBLIC EMPLOYEES RETIREMENT
Part 2100 - MEMBER CONTRIBUTIONS
Section 2.80.2100.7 - DEFINITIONS
Universal Citation: 2 NM Admin Code 2.80.2100.7
Current through Register Vol. 35, No. 18, September 24, 2024
A. "Another qualified plan" for the purposes of the direct rollover provisions in Section 10-11-124(C) NMSA 1978, means an eligible retirement plan, including:
(1)an individual retirement account described
in Internal Revenue Code Section 408(a);
(2)an individual retirement annuity described
in Internal Revenue Code Section 408(b);
(3)a qualified trust described in Internal
Revenue Code Section 401(a) that accepts the distributee's eligible rollover
distribution;
(4)an annuity plan
described in Internal Revenue Code Section 403(a);
(5)effective January 1, 2002, an annuity
contract described in Internal Revenue Code Section 403(b);
(6)effective January 1, 2002, a plan eligible
under Internal Revenue Code Section 457(b) that is maintained by a state,
political subdivision of a state or any agency or instrumentality of a state or
political subdivision of a state that agrees to separately account for amounts
transferred into the plan; or
(7)effective January 1, 2008, a Roth IRA
described in Internal Revenue Code Section 408A.
B. "Direct rollover" means a payment by the retirement system to the eligible retirement plan specified by the distributee.
C. "Distributee" means:
(1)an employee or a former
employee;
(2)an employee's or
former employee's surviving spouse;
(3)an employee's or former employee's spouse
or former spouse who is the alternate payee under a qualified domestic
relations order, as defined in Internal Revenue Code Section 414(p);
(4)effective January 1, 2007, a non-spouse
beneficiary who is a designated beneficiary as defined by Internal Revenue Code
Section 401(a) (9)(E); or
(5)effective January 1, 2002, a surviving
spouse, as defined by federal law, or a spouse or former spouse who is an
alternate payee under a domestic relations order dividing PERA benefits, as
defined in Internal Revenue Code Section 414(p).
D. "Eligible rollover distribution" means:
(1)any distribution of all or any portion of
the balance to the credit of the distributee, except that an eligible rollover
distribution does not include: any distribution that is one of a series of
substantially equal periodic payments, not less frequently than annually, made
for the life, or the 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;
(2)any distribution to the extent such
distribution is required under Internal Revenue Code Section
401(a)(9);
(3)the portion of any
distribution that is not includible in gross income; or
(4)any other distribution that is reasonably
expected to total less than two hundred dollars ($200) during the
year.
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