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Chapter 5: Roth Retirement Plans

235

The Ordering Rules matter also for someone who converts a traditional plan to a Roth IRA

before reaching age 59½, and then takes a distribution within five years after the conversion

and while still under age 59½. The Ordering Rules will apply in determining whether the

10 percent penalty applies to the distribution. See

¶ 5.5.02 .

5.3 How to Fund a Roth IRA; Regular and Excess Contributions

This section lists every known way to fund a Roth IRA; explains the rules for “regular”

Roth IRA contributions; and tells how you can incur an “excess” Roth IRA contribution.

5.3.01

The eight ways to fund a Roth IRA

The law provides at least eight ways to fund a Roth IRA. Each method has its own rules

and eligibility requirements.

An individual who has compensation income (and whose adjusted gross income is under

certain levels) can make a “

regular contribution

” to a Roth IRA. Se

e ¶ 5.3.02 ¶ 5.3.04 .

A participant who owns a traditional retirement plan or IRA can transfer funds (or “roll

over” distributions) from the traditional plan or IRA to a Roth IRA. This is called a “Roth

conversion

.” See

¶ 5.4 .

A participant can roll money from a

DRAC

into a Roth IRA. See

¶ 5.7.08 .

See

¶ 3.2.04

for the ability of a

surviving spouse

(or

¶ 4.2.05

for other

Designated

Beneficiary)

to transfer funds from an inherited traditional plan to a Roth IRA.

Certain

U.S. military death gratuities

can be contributed to a Roth IRA. For details, see

§ 408A(e)(2)

and IRS Publication 590 (“IRAs”; 2009 ed., p. 63). This type of contribution

is not covered in this book.

A

qualified reservist distribution

( ¶ 9.4.12 )

may be contributed to a Roth IRA; see

2.6.06 (

C).

Certain individuals who received compensation in connection with the

Exxon Valdez

oil

spill can contribute up to $100,000 of their settlement to a Roth IRA or other eligible

retirement plan. For details, see § 504 of the Emergency Economic Stabilization Act of

2008 and IRS Publication 590 (“IRAs”; 2009 ed., p. 27–28, 64). This type of contribution

is not covered in the Code or in this book.

Certain

qualified airline employees

can contribute to a Roth IRA (only), within 180 days

of receipt, certain payments they receive in connection with the bankruptcy of a

“commercial passenger airline carrier.” See § 125 of the Worker, Retiree, and Employer

Recovery Act of 2008 and IRS Publication 590 (“IRAs”; 2009 ed., p. 64). This type of

contribution is treated as a qualified rollover contribution to the Roth IRA (See

¶ 5.4 )

, and

is not covered in the Code or in this book.

5.3.02

“Regular” contributions from compensation income