Direct Rollovers.
Los Angeles Administrative Code § 4.1903
in effectSec. 4.1903. Direct Rollovers.
On or after January 1, 1993, the “distributee” of an “eligible rollover distribution” from the Fire and Police Pension Plan may elect to have any portion of such distribution that is equal to at least $200.00 paid directly to an “eligible retirement plan” specified by the distributee in a “direct rollover”.
Definitions.
(a) “Eligible rollover distribution” means any distribution of all, or any portion of, contributions made, or the Basic Death Benefit to, a distributee. An eligible distribution does not include pension payments made to a retired Plan member, Qualified Surviving Spouse or other eligible surviving dependents, any portion of a distribution that is not includable in gross income, any distribution that is reasonably expected to total less than $200.00 during a year, or any other distribution required under Section 401(a)(9) of the Internal Revenue Code. On or after January 1, 2002, a portion of a distribution that is not includable in gross income, but that otherwise qualifies as an eligible rollover distribution, is an eligible rollover distribution, provided that the eligible retirement plan designated to receive such portion of a distribution is (i) an individual retirement account described in Section 408(a) of the Internal Revenue Code, an individual retirement annuity described in Section 408(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, including separately accounting for the portion of such distribution which is includable in gross income and the portion of such distribution which is not so includable; (ii) on or after January 1, 2007, a qualified defined benefit plan described in Section 401(a) of the Internal Revenue Code, or is an annuity contract described in Section 403(b) of the Internal Revenue Code, that agrees to separately account for amounts so transferred (and earnings thereon), including separately accounting for the portion of the distribution that is includable in gross income and the portion of the distribution that is not so includable; (iii) on or after January 1, 2008, a Roth IRA described in Section 408A of the Internal Revenue Code.
(b) “Eligible retirement plan” means an individual retirement account described in Section 408(a) of the Internal Revenue Code, an individual retirement annuity described in Section 408(b) of the Code, an annuity plan described in Section 403(a) of the Code, or a qualified plan described in Section 401(a) of the Code that accepts a distributee’s eligible rollover distribution. On or after January 1, 2002, an eligible deferred compensation plan described in Section 457(b) of the Code, maintained by an employer described in Section 457(e)(1)(A) of the Code, and an annuity contract described in Section 403(b) of the Code, are also eligible retirement plans. However, prior to January 1, 2002, in the case of an eligible rollover distribution to the surviving spouse or other designated beneficiary, an eligible retirement plan is an individual retirement account or individual retirement annuity only. On or after January 1, 2008, a Roth IRA described in Section 408A of the Internal Revenue Code is an eligible retirement plan.
(c) “Distributee” means a Plan member or former Plan member or spouse or former spouse of a Plan member or former Plan member, eligible for a rollover distribution. On or after January 1, 2007, a distributee further includes a nonspouse beneficiary who is a designated beneficiary as defined by Section 401(a)(9)(E) of the Internal Revenue Code. However, a nonspouse beneficiary may rollover the distribution only to an individual retirement account or individual retirement annuity established for the purpose of receiving the distribution, and the account or annuity will be treated as an “inherited” individual retirement account or annuity.
(d) “Direct rollover” means a payment by the Fire and Police Pension Plan to the eligible retirement plan specified by the distributee.
SECTION HISTORY
Added by Ord. No. 171,697, Eff. 8-27-97, Oper. 7-1-97.
Amended by: First Para and Subsec. (d), Ord. No. 173,272, Eff. 6-25-00, Oper. 7-1-00; In Entirety, Ord. No. 174,803, Eff. 9-16-02; In Entirety, Ord. No. 182,628, Eff. 7-16-13.
Source: City of Los Angeles, Charter and Codes (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/los_angeles/latest/laac/0-0-0-17880Fetched: 10/24/2026
