New Mexico Administrative Code
Title 2 - PUBLIC FINANCE
Chapter 83 - JUDICIAL RETIREMENT
Part 500 - MEMBER CONTRIBUTIONS
Section 2.83.500.7 - DEFINITIONS
Universal Citation: 2 NM Admin Code 2.83.500.7
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 ten 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 $200 during the year.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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