403(b) changes / strategy

Hello,

I am trying to get some clarification on moving assets from 403(b)s to IRAs. If a school / sponsor is implementing a new written plan to comply with the Final Regs for 2009, can the individual take their old 403(b) assets and move them into an IRA instead of the new plan being implemented?

This may provide a window move qualfied assets into an IRA without meeting the age criteria or having a severance from employement…

I know they cannot do this with a401(k) that has been stopped by an employer unless the employer no longer offers an alternative 401(k).

Anyone guidance on this would be great. Thanks

Joe



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