Okla. Admin. Code § 590:40-9-38
Rollovers and In-Plan Roth Conversions
Effective Jul 11, 202542 Ok Reg, Number 20Added at 32 Ok Reg 2179, eff 9-11-15; Amended at 33 Ok Reg 78, eff 9-14-15; Amended at 33 Ok Reg 1816, eff 9-11-16; Amended at 40 Ok Reg 2347, eff 9-11-23; Amended at 42 Ok Reg, Number 20, effective 7-11-25Oklahoma Public Employees Retirement System
- (a) Eligible Rollover Contributions. A Participant or Employee who is entitled to receive an eligible rollover distribution from another eligible retirement plan may request to have all or a portion of the eligible rollover distribution paid to the Plan as eligible rollover contributions, unless the distributing eligible retirement plan account includes funds previously transferred or rolled-over which require tax accounting or distribution rules that are different from those contained in this Plan.
- (b) Roth Rollover Contribution. Notwithstanding any other provisions in the Plan to the contrary, effective June 1, 2023, the Plan shall accept Roth Rollover Contributions from a Roth account under an applicable retirement plan in accordance with Code Section 402A(e)(l) only if it is a direct rollover and only to the extent the rollover is permitted under the rules of Code Section 402(c).
- (c) Separate Accounts. The Plan shall establish and maintain for the Participant separate accounts for any:
- (1) Eligible rollover contributions or Roth Rollover Contributions paid to the Plan;
- (2) Eligible Roth rollover contributions paid to the Plan from any eligible retirement plan including an eligible governmental plan under Code Section 457(b); and
- (3) Eligible rollover contributions paid to the Plan from an eligible governmental plan under Code Section 457(b).
- (d) In-Plan Roth Conversions. The following transfers are permitted under the Plan. Any such transfer shall be treated as a qualified rollover contribution, within the meaning of Section 408A(e) of the Code, to such Account.
- (1) Any amount held in a Pre-Tax Elective Deferral Subaccount is eligible for direct transfer to a Roth Elective Deferral Subaccount even if not otherwise distributable.
- (2) Any amount held in a subaccount of the Participant’s Transfer Contribution Account holding pre-tax Transfer Contributions or after-tax Transfer Contributions is eligible for direct transfer to a subaccount of the Participant’s Transfer Contribution Account holding Roth Transfer Contributions and earnings even if not otherwise distributable.
- (3) Any amount held in a subaccount of the Participant’s Rollover Contribution Account holding pre-tax Rollover Contributions and earnings is eligible for direct transfer to a subaccount of the Participant’s Rollover Contribution Account holding Roth Rollover Contributions and earnings.
- (e) Administrative Procedures. A Participant’s election under paragraph (d) of this section shall be subject to the reasonable administrative procedures established by the Board, Section 402A(c)(4) of the Code and the regulations thereunder, and subsequent guidance from the Internal Revenue Service.
- (f) Taxable Amounts. The taxable portion of the Participant’s Accounts transferred to a Roth Contribution Account or to a subaccount of the Participant’s Roth Rollover Contribution Account holding Roth Rollover Contributions and earnings under paragraph (d) of this section shall be included in the Participant’s gross income in the tax year in which the transfer occurs.
Added at 32 Ok Reg 2179, eff 9-11-15
Amended at 33 Ok Reg 78, eff 9-14-15
Amended at 33 Ok Reg 1816, eff 9-11-16
Amended at 40 Ok Reg 2347, eff 9-11-23
Amended at 42 Ok Reg, Number 20, effective 7-11-25