HBI » Topics » 2.28 Eligible Rollover Distribution

This excerpt taken from the HBI 8-K filed Sep 5, 2006.

2.28 Eligible Rollover Distribution

“Eligible Rollover Distribution” means 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 the following:

 

  (a) Any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the Distributee or the joint lives (or life expectancies) of the Distributee and the Distributee’s designated beneficiary, or for a specified period of ten (10) years or more;

 

  (b) Any distribution to the extent such distribution is required under Section 401(a)(9) of the Code;

 

  (c) Hardship withdrawals; and

 

  (d) Any distribution excluded from the definition of “Eligible Rollover Distribution” under the Code or applicable Treasury Regulations.

In the case of an Eligible Rollover Distribution, a portion of a distribution shall not fail to be an Eligible Rollover Distribution merely because the portion includes After-Tax Contributions that

 

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are not includible in gross income; provided, however, such portion may be transferred only to an individual retirement account or annuity described in Section 408(a) or (b) of the Code or a qualified defined contribution plan described in Section 401(a) or 403(a) of the Code that agrees to separately account for amounts so transferred.

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