Undoing an NUA rollover

We have a prospect that had their current advisor roll their company stock in a 401k plan into a rollover IRA. They retired this year (May 2016) and are 58 years old. When we asked how the current advisor researched the option for an NUA the prospect had no idea what we are talking about. They were with a very large paint company (household name for decades) and had been getting stock for almost 30 years as part of the Defined Contribution Plan with a 6% match. When we brought this up the prospect wanted to know if it is still possible to “undo” the rollover into the IRA if, after a proper analysis, an NUA move makes sense. I have not inquired if the plan originally allowed for separate lot accounting which would have made this more than likely a detrimental move given the length of time the prospect had been buying stock inside the plan.

Is there a possibility to “undo” this move after an analysis is done to see if the NUA move is viable or is it too late?



Once the shares are rolled into an IRA, any chance of using NUA has been forfeited. But there might be recourse against the advisor or perhaps against the plan if the plan did not provide the required 402(f) notification of distribution options. That notice mentions NUA and other options.



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