Sec. 902. AMOUNTS IN APPLICABLE RETIREMENT PLANS MAY BE TRANSFERRED TO DESIGNATED ROTH ACCOUNTS WITHOUT DISTRIBUTION

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## SEC. 902 AMOUNTS IN APPLICABLE RETIREMENT PLANS MAY BE TRANSFERRED TO DESIGNATED ROTH ACCOUNTS WITHOUT DISTRIBUTION ###

(a)In General **[**[26 U.S.C. 402A](/us/usc/t26/s402A)**]** Section 402A(c)(4) is amended by adding at the end the following: > > ##### “(E) Special rule for certain transfers > > In the case of an applicable retirement plan which includes a qualified Roth contribution program— > > > ###### “(i) > > the plan may allow an individual to elect to have the plan transfer any amount not otherwise distributable under the plan to a designated Roth account maintained for the benefit of the individual, > > > ###### “(ii) > > such transfer shall be treated as a distribution to which this paragraph applies which was contributed in a qualified rollover contribution (within the meaning of section 408A(e)) to such account, and > > > ###### “(iii) > > the plan shall not be treated as violating the provisions of section 401(k)(2)(B)(i), 403(b)(7)(A)(i), 403(b)(11), or 457(d)(1)(A), or of section 8433 of title 5, United States Code, solely by reason of such transfer.” > . ###

(b)Effective Date **[**[26 U.S.C. 402A note](/us/usc/t26/s402A)**]** The amendment made by this section shall apply to transfers after December 31, 2012, in taxable years ending after such date. ## Subtitle B Budgetary Effects

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26 USC 402A

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Sec. 902

AMOUNTS IN APPLICABLE RETIREMENT PLANS MAY BE TRANSFERRED TO DESIGNATED ROTH ACCOUNTS WITHOUT DISTRIBUTION

Cite26 USC 402A

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