Guidance on Section 324 of the SECURE 2.0 Act with Respect to Rollovers
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Guidance on Section 324 of the SECURE 2.0 Act with Respect to Rollovers
Notice 2026-49
I. PURPOSE
Section 324 of Division T of the Consolidated Appropriations Act, 2023, Pub. L.
117-328, 136 Stat. 4459 (2022), known as the SECURE 2.0 Act of 2022 (SECURE 2.0
Act) provides that the Secretary of the Treasury or the Secretary’s delegate must
develop and issue guidance, in the form of sample forms (including relevant procedures
and protocols), to simplify, standardize, facilitate, and expedite the completion of
rollovers to eligible retirement plans and trustee-to-trustee transfers from individual
retirement plans.
This notice provides guidance in accordance with section 324 of the SECURE
2.0 Act. Section II of this notice sets forth general background information on the
rollover process. In section III of this notice, the Department of the Treasury (Treasury
Department) and the Internal Revenue Service (IRS) propose a series of sample forms
and proposed rollover procedures, attached as an Appendix to this notice, intended to
comply with section 324 of the SECURE 2.0 Act. Section IV of this notice sets forth
additional guidance under consideration by the Treasury Department and the IRS.
Section V of this notice provides instructions on how to submit comments on this notice
and any other aspect of section 324 of the SECURE 2.0 Act.
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II. BACKGROUND
A. Legal Background
Section 401(a)(31) of the Internal Revenue Code (Code) provides that a trust
does not constitute a qualified trust unless the plan of which the trust is a part provides
that, if the distributee of any eligible rollover distribution elects to have the distribution
paid directly to an eligible retirement plan and specifies the eligible retirement plan to
which the distribution is to be paid, the distribution will be made in the form of a direct
trustee-to-trustee transfer.
Section 402(a) provides, generally, that any amount distributed from a trust
described in section 401(a) that is exempt from tax under section 501(a) is taxable
under section 72 in the taxable year of the distributee in which distributed.
Section 402(c) provides tax rules for an amount that is rolled over from a
qualified trust to an eligible retirement plan. Section 402(c)(1) provides, generally, that if
any portion of an eligible rollover distribution from a section 401(a) qualified retirement
plan is transferred into an eligible retirement plan, the portion of the distribution so
transferred shall not be includible in gross income in the taxable year in which paid.
Under section 402(c)(2), the maximum portion of an eligible rollover distribution
that may be rolled over in a transfer to which section 402(c)(1) applies generally cannot
exceed the portion of the distribution that is otherwise includible in gross income.
However, under section 402(c)(2)(A) and (B), the general rule does not apply to such
distribution to the extent that (A) such portion is transferred in a direct trustee-to-trustee
transfer to a qualified trust or to an annuity contract described in section 403(b) and
such trust or contract provides for separate accounting for amounts so transferred (and
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earnings thereon), including separately accounting for the portion of such distribution
which is includible in gross income and the portion of such distribution which is not so
includible, or (B) such portion is transferred to an individual retirement account
described in section 408(a) or an individual retirement annuity described in section
408(b) (other than an endowment contract).
Section 402(c)(3) provides that section 402(c)(1) will not apply to any transfer of
a distribution made after the 60th day following the day on which the distributee
received the property distributed.
Section 402(c)(4) defines an eligible rollover distribution as a distribution to an
employee of all or any portion of the balance to the credit of the employee in a qualified
trust other than a distribution that is (A) one of a series of substantially equal periodic
payments (not less frequently than annually) made for the life (or life expectancy) of the
employee or the joint lives (or joint life expectancies) of the employee and the
employee’s designated beneficiary or for a specific period of 10 years or more, (B) a
distribution required under section 401(a)(9), or (C) a distribution made on account of
the employee's hardship.
Section 402(c)(8)(B) defines an eligible retirement plan as an individual
retirement account described in section 408(a) or individual retirement annuity
described in section 408(b), a qualified trust described in section 401(a), an annuity plan
described in section 403(a), or an annuity contract described in section 403(b). An
eligible retirement plan also includes an eligible deferred compensation plan under
section 457(b) that is maintained by a State, political subdivision of a State, or any
agency or instrumentality of a State or political subdivision of a State.
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Section 402(e)(6) provides that any amount transferred in a direct trustee-totrustee transfer in accordance with section 401(a)(31) will not be includible in gross
income for the taxable year of such transfer.
Section 408(d)(1) provides that any amount distributed from an individual
retirement account or individual retirement annuity (IRA) generally is included in the
gross income of the payee or distributee under section 72. However, section
408(d)(3)(A)(ii) provides that, subject to certain limitations, an amount distributed from
an IRA that is paid into an eligible retirement plan (as described in section 402(c)(8)) is
not included in gross income if it is paid into the eligible retirement plan not later than
the 60th day after the day on which the payment or distribution is received.
Section 408(d)(3)(A)(ii) further provides that the maximum amount which may be
paid from an IRA into an eligible retirement plan (other than an IRA) as a rollover
contribution may not exceed the portion of the distribution that otherwise would have
been includible in income.
Section 1.401(a)(31)-1, Q&A-3, provides, in relevant part, that a direct rollover
may be accomplished by any reasonable means of direct payment, including a wire
transfer or the mailing of a check to the trustee, custodian, or issuer of the eligible
retirement plan to which the rollover is being made. If the payment is made by wire
transfer, the wire transfer must be directed only to the trustee, custodian, or issuer of the
eligible retirement plan. If the payment is made by check, the check must be negotiable
only by the trustee, custodian, or issuer of the eligible retirement plan.
Section 1.401(a)(31)-1, Q&A-4, provides that a trustee of a plan may accomplish
a direct rollover by providing a distributee with a check made payable to the trustee,
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custodian, or issuer of another eligible retirement plan for the benefit of the distributee
and instructing the distributee to deliver the check to the eligible retirement plan.
Section 1.401(a)(31)-1, Q&A-6(a), provides that, except as provided in Q&A-6(b),
a plan administrator may prescribe any reasonable procedure for a distributee to elect a
direct rollover, including any reasonable requirement for information or documentation
from the distributee in addition to the items of adequate information specified in
§ 31.3405(c)-1(b), Q&A-7. As an example, Q&A-6(a) provides that it would be
reasonable for the plan administrator to require that the distributee provide a statement
from the designated recipient plan that the plan will accept the direct rollover for the
benefit of the distributee and that the recipient plan is, or is intended to be, an individual
retirement account, an individual retirement annuity, a qualified annuity plan described
in section 403(a), or a qualified trust described in section 401(a), as applicable.
Section 1.401(a)(31)-1, Q&A-6(b), provides that a plan will fail to satisfy section
401(a)(31) if the plan administrator prescribes any unreasonable procedure, or requires
information or documentation, that effectively eliminates or substantially impairs the
distributee's ability to elect a direct rollover. As an example, Q&A-6(b) provides that it
would effectively eliminate or substantially impair the distributee's ability to elect a direct
rollover if the plan administrator prescribed any unreasonable procedure, or required
information or documentation, that effectively eliminated or substantially impaired the
distributee's ability to elect a direct rollover. Q&A-6(b) provides the following as
examples: (1) the recipient plan required the distributee to obtain an opinion of counsel
stating that the eligible retirement plan receiving the rollover is a qualified plan or
individual retirement account; (2) the distributing plan required a letter from the recipient
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plan stating that, upon request by the distributing plan, the recipient plan will
automatically return any direct rollover amount that the distributing plan advises the
recipient plan was paid incorrectly; and (3) the distributing plan required, as a condition
for making a direct rollover, a letter from the recipient plan indemnifying the distributing
plan for any liability arising from the distribution.
Section 1.401(a)(31)-1, Q&A-14(a), provides that if a plan accepts an invalid
rollover contribution, the contribution will be treated, for purposes of applying the
qualification requirements of section 401(a) or 403(a) to the receiving plan, as if it were
a valid rollover contribution if two conditions are satisfied. First, when accepting the
amount from the employee as a rollover contribution, the plan administrator of the
receiving plan must reasonably conclude that the contribution is a valid rollover
contribution. Second, if the plan administrator of the receiving plan later determines that
the contribution was an invalid rollover contribution, the plan administrator must
distribute the amount of the invalid rollover contribution, plus any earnings attributable
thereto, to the employee within a reasonable time after such determination.
Under § 1.401(a)(31)-1, Q&A-14(b)(1), an invalid rollover contribution is an
amount that is accepted by a plan as a rollover within the meaning of §1.402(c)-2 (or as
a rollover contribution within the meaning of section 408(d)(3)(A)(ii)) but that is not an
eligible rollover distribution from a qualified plan (or an amount described in section
408(d)(3)(A)(ii)) or that does not satisfy the other requirements of section 401(a)(31),
402(c), or 408(d)(3) for treatment as a rollover or rollover contribution. Under
§ 1.401(a)(31)-1, Q&A-14(b)(2), a valid rollover contribution is a contribution that is
accepted by a plan as a rollover within the meaning of § 1.402(c)-2(a)(1)(v), or as a
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rollover contribution within the meaning of section 408(d)(3), and that satisfies the
requirements of section 401(a)(31), 402(c), or 408(d)(3) for treatment as a rollover or
rollover contribution.
Section 1.401(a)(31)-1, Q&A-14(c), provides several examples illustrating
situations in which an administrator of a receiving plan may reasonably conclude that a
distributing plan is a qualified plan and that a potential rollover contribution is a valid
rollover contribution.
Revenue Ruling 2014-9, 2014-17 IRB 975, describes two factual scenarios under
which, absent any evidence to the contrary, a plan administrator may reasonably
conclude that a potential rollover contribution is a valid rollover contribution. In the first
scenario, the receiving plan administrator relies on the coding in the distributing plan’s
Form 5500 that indicates the distributing plan administrator’s representation that the
distributing plan is intended to be a plan qualified under § 401, 403, or 408. In the
second scenario, the receiving plan administrator determines that the source of the
funds is a traditional, non-inherited IRA where the IRA trustee issued a check payable to
“IRA of Employee A,” the IRA owner certified that the distribution included no after-tax
amounts, and the IRA owner had not attained the age to begin receiving minimum
required distributions.
B. Section 324 of the SECURE 2.0 Act
Section 324 of the SECURE 2.0 Act provides that the guidance in the form of
sample forms must be written in a manner calculated to be understood by the average
person and used by both transferring individual retirement plans and eligible retirement
plans (distributing plans) and individual retirement plans and eligible retirement plans
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that receive the transfer (receiving plans). In developing this guidance, the Treasury
Department must obtain relevant information from participants and plan sponsor
representatives and consider potential coordination with sections 319 and 336 of the
SECURE 2.0 Act. 1
C. GAO Reports
The Treasury Department and the IRS reviewed reports released by the
Governmental Accountability Office (GAO) that discuss the rollover process in
developing this guidance. Certain GAO reports were particularly relevant, including the
March 7, 2013, report 401(k) Plans: Labor and IRS Could Improve the Rollover Process
for Participants, GAO-13-30 (2013 GAO Report).
The 2013 GAO Report indicates that the direct rollover process is inefficient
because, lacking uniformity as to what they require to verify and complete rollovers,
retirement plans do not have standard rollover procedures. 2 This lack of uniformity may
lead to confusion and frustration for participants, who are frequently burdened with
completing the rollover, and who serve as the intermediary between a distributing plan
and a receiving plan. 3
1 Section 319 of the SECURE 2.0 Act requires the Treasury Department (along with the Department of
Labor and the Pension Benefit Guaranty Corporation) to review existing reporting and disclosure
requirements for retirement plans under the Employee Retirement Income Security Act of 1974, Pub. L.
93-406, 88 Stat. 829, as amended, and to provide a report to Congress on the effectiveness of the
applicable reporting and disclosure requirements. Under Section 336 of the SECURE 2.0 Act, the
Governmental Accountability Office (GAO) was required to analyze the notice provided by retirement plan
administrators to plan participants in accordance with Code section 402(f) and provide a report to
Congress. The GAO published a report under Section 336 of the SECURE 2.0 Act on May 22, 2024. See
GAO, 401(k) Retirement Plan Tax Notices: Federal Actions Can Help Participants Understand Their
Distribution Options, GAO-24-107167 (May 22, 2024).
2 2013 GAO Report at 18.
3 Id. at 19 and 21.
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The 2013 GAO Report also recommends that the IRS revise existing Treasury
Regulations that permit a retirement plan to mail paper checks to participants as part of
the rollover process. Permitting a distributing plan to mail a paper check to a participant
puts the onus on the participant to transmit the check to the receiving plan, and in the
process, the check may be lost or misplaced. In addition, this indirect process can take
significant time, during which a participant’s retirement account does not receive interest
or dividends. 4 The 2013 GAO Report indicates that the “practice of sending direct
rollover checks to participants appears archaic when communications are increasingly
conducted electronically.” 5 The 2013 GAO Report suggests that the IRS revise the rules
so that direct rollover checks would be sent only “to the receiving entities to which the
checks are written.” 6
Building on previous reporting, the January 18, 2024, report 401(k) Plans:
Additional Federal Actions Would Help Participants Track and Consolidate Their
Retirement Savings, GAO-24-103577 (2024 GAO Report), describes a GAO survey of
401(k) plan participants who recently completed a rollover and found that some
participants continue to view the rollover process as challenging. 7 The 2024 GAO
Report also states that nearly one-third of participants receive paper checks that they
must then send to a receiving plan. 8 The 2024 GAO Report notes that resolving
challenges in the rollover process is as important as ever, because “workers may
4 Id. at 20.
5
Id. at 45.
6 Id. at 47.
7 2024 GAO Report.
8 Id. at 66.
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change jobs up to 10 or more times during a 40-year career and accumulate as many
retirement accounts that they would need to track and manage.” 9
In conversations with the Treasury Department and the IRS, several stakeholders
described issues and concerns similar to those included in the GAO reports. In
particular, stakeholders mentioned that the rollover process suffers from a lack of
efficiency, consistency, and uniformity, and is burdensome to participants. Stakeholders
also mentioned that it is common for plans to send and receive paper checks in the
rollover process.
D. IRA-to-IRA Transfers
The GAO Reports focus on rollovers to or from retirement plans and do not focus
on IRA-to-IRA transfers. IRA-to-IRA transfers usually are completed through the
Automated Customer Account Transfer Service (ACATS), which is an electronic transfer
system developed to automate and standardize account transfers. In conversations with
the Treasury Department and the IRS, several stakeholders described the advantages
of ACATS, including its uniformity and efficiency. The Financial Industry Regulatory
Authority (FINRA) has created a standard, uniform protocol for electronic transfers via
ACATS that all FINRA member organizations must agree to utilize before transferring
assets via ACATS. 10 Among other things, these rules require members to “expedite and
coordinate activities with respect to the transfer,” which allows the receiving organization
to initiate the transfer directly and electronically without involvement of the participant. 11
9 Id. at 87.
10 FINRA Rule 11870.
11 Id.
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III. GUIDANCE
The Treasury Department and the IRS have developed guidance in the form of
sample forms, which are attached as an Appendix to this notice. These sample forms
are intended to simplify, standardize, facilitate, and expedite the completion of direct
rollovers to or from a retirement plan. The forms are not intended to be used for IRA-toIRA rollovers or transfers, but may be used for rollovers to or from an IRA.
The sample forms are designed to effectuate the following protocols: 1)
protecting participants’ personal identifying information (PII) 12 by the use of encrypted
data transfers and the creation of a unique “rollover identification number” (RIN)—
assigned by the receiving plan—in all communications between the plans with respect
to a rollover; 2) requiring coordination and communication between plans to facilitate
rollovers and to minimize participants’ burden; 3) utilizing a standard set of data so that
common terms are used throughout the rollover process; 4) requiring plans to verify the
accuracy of information with respect to a participant’s rollover request and the
legitimacy of the rollover before transferring funds; and 5) requiring electronic
communications and rollover transfers to the maximum extent possible.
Consistent with federal policy that favors the use of electronic payments, 13 plans
are encouraged to complete rollovers electronically. Although the forms suggest use of
12 The Department of Labor has noted that it is a best practice for recordkeepers and other service
providers responsible for plan-related IT systems and data to encrypt sensitive data stored and in transit.
The Labor Department notes that these IT systems “should implement current, prudent standards for
encryption keys, message authentication and hashing to protect the confidentiality and integrity of the
data at rest or in transit.” See Department of Labor, Cybersecurity Program Best Practices,
https://www.dol.gov/agencies/ebsa/key-topics/retirement-benefits/cybersecurity/best-practices.
13 This policy is reflected in Executive Order 14247, Modernizing Payments To and From America’s Bank
Account, signed on March 25, 2025, which directed the Treasury Department, in coordination with the
IRS and other federal agencies, to transition to fully electronic federal payments. The purposes of EO
14247 are to defend against financial fraud and improper payments, increase efficiency, reduce costs,
and enhance the security of federal payments. For example, EO 14247 states that Treasury Department
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electronic rollover transfers when possible, they also include protocols if a distributing
plan is unable to complete the rollover electronically. In that instance, the distributing
plan is directed to make the check payable to the participant’s receiving plan “for the
benefit” of the participant and to mail or send the check directly to the receiving plan.
Plans are encouraged to program the forms, or the procedures and protocols
included in the forms, into an Application Programming Interface (API) or for use on a
clearinghouse or other electronic platform. In programming their own forms, plans are
encouraged to standardize and streamline the rollover process by using the same data,
procedures, and protocols (including use of a RIN and protection of participants’ PII) as
used in the sample forms and described in this guidance.
Use of the sample forms and proposed rollover procedures is optional. As
described in section IV of this notice, the Treasury Department and the IRS are
considering additional guidance on rollover procedures. The Treasury Department and
the IRS are not currently providing safe harbors based on the use of the sample forms
and proposed rollover procedures. Stakeholders are encouraged to provide comments
on the sample forms and proposed rollover procedures, as discussed in section V of
this notice. After considering these comments, the Treasury Department and the IRS will
consider providing safe harbors based on the use of the sample forms and proposed
rollover procedures, as discussed in section IV of this notice.
checks are over 16 times more likely to be lost, stolen, altered, or delayed than electronic payments. For
more information, see “Modernizing payments to and from America’s bank account” on the IRS website.
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IV. ADDITIONAL GUIDANCE UNDER CONSIDERATION REGARDING SECTION 324
OF THE SECURE 2.0 ACT
The Treasury Department and the IRS are considering additional guidance on
protocols or procedures that would simplify, standardize, facilitate, and expedite the
rollover process in furtherance of section 324 of the SECURE 2.0 Act. This section
describes the guidance under consideration, and section V of this notice requests
comments on the issues raised.
1. Guidance amending (a) Treasury Regulations under § 1.401(a)(31)-1 to remove
Q&A-4, which allows paper checks to be sent to participants to complete a direct
rollover, and (b) Revenue Ruling 2014-9 to remove the safe harbor in Situation 2.
2. Guidance that would require administrators and trustees to complete rollovers via
electronic transfers or paper checks mailed or sent directly to the receiving plan.
3. Guidance providing for new safe harbors based on the use of sample forms
similar to the sample forms attached as an Appendix to this Notice. For example,
this guidance could indicate that if the sample forms are used, the receiving
administrator or trustee is permitted, absent any evidence to the contrary, to
reasonably conclude that the distributing plan is tax-qualified and that the
potential rollover contribution is a valid rollover contribution. Similarly, the
guidance could include a safe harbor that the distributing administrator or trustee
is permitted, absent any evidence to the contrary, to reasonably conclude that no
withholding on the rollover contribution is necessary. However, these safe
harbors would apply only to the transferability of a rollover and not to any
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requirements that apply to a distributing plan in making a distribution, for
example, obtaining spousal consent or making a required minimum distribution.
4. Guidance providing that certain practices constitute impermissible procedures, in
addition to those listed under § 1.401(a)(31)-1, Q&A-6(b). For example, this
guidance could clarify that requiring use of a Medallion Signature Guarantee or
distribution letters and other burdensome requests would be impermissible. In
addition, guidance could provide that it is impermissible for a distributing plan to
prevent a participant from choosing to complete a rollover via electronic transfer
to a receiving plan, assuming both plans have capability for such an electronic
transfer.
The Treasury Department and the IRS acknowledge that any guidance requiring
electronic transfers or eliminating the use of transfers by paper check would require
administrators and trustees to update administrative procedures for processing rollover
requests and distributions. The Treasury Department and the IRS also acknowledge
that completing rollovers via electronic transfers may require electronic infrastructure
and processes that have not been built or established at this time. Accordingly, any such
guidance would not be effective until administrators and trustees have been given
sufficient time to implement changes to their systems to comply with such guidance.
V. REQUEST FOR COMMENTS
The Treasury Department and the IRS invite comments and suggestions
regarding the matters discussed in section IV of this notice, the sample forms in the
Appendix, and any other aspect of section 324 of the SECURE 2.0 Act. In particular, the
Treasury Department and the IRS request comments on section IV of this notice,
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including whether and how future guidance could foster the adoption of technology
standards, platforms, or automated solutions that would simplify and facilitate the
rollover process, and what time frames would be necessary to implement the guidance.
The Treasury Department and the IRS seek comments on how stakeholders could be
encouraged to develop new or expanded procedures that minimize administrative
burdens for participants and protect them from unnecessary cost and confusion.
Comments should be submitted in writing on or before October 23, 2026, and
should include a reference to Notice 2026-49. Comments may be submitted
electronically via the Federal eRulemaking Portal at www.regulations.gov (type “IRS2026-0100” in the search field on the Regulations.gov home page to find this notice and
submit comments). Alternatively, comments may be submitted by mail to: Internal
Revenue Service, Attn: CC:PA:01:PR (Notice 2026-49), Room 5503, P.O. Box 7604,
Ben Franklin Station, Washington, DC 20044.
The Treasury Department and the IRS will publish for public availability any
comment submitted electronically or on paper to their public docket.
VI. DRAFTING INFORMATION
The principal author of this notice is Gregory Burns of the Office of Associate
Chief Counsel (Employee Benefits, Exempt Organizations, and Employment Taxes).
However, other personnel from the Treasury Department and the IRS participated in the
development of this guidance. For further information regarding this notice, contact
Gregory Burns at (202) 317-6700 (not a toll-free number).
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APPENDIX: SAMPLE FORMS AND PROPOSED ROLLOVER PROCEDURES
This appendix contains four sample forms and proposed rollover procedures for
plan administrators and IRA trustees to use for purposes of completing an individual’s
(Participant’s) request to roll over the Participant’s retirement savings from an employer
plan or IRA (Distributing Plan) to another employer plan or IRA (Receiving Plan), where
one or both plans is an employer plan and no more than one of the plans is an IRA. The
forms are not intended to be used for IRA-to-IRA rollovers or transfers.
These sample forms contemplate five sequential proposed rollover procedures to
complete a Participant’s rollover request:
•
Step 1: the Participant submits a rollover request to the Receiving Plan using
Form 1 (Participant’s Rollover Request), including an executed Participant’s
Rollover Request Authorization.
•
Step 2: the Receiving Plan submits the Participant’s rollover request to the
Distributing Plan using Form 2 (Receiving Plan’s Request to Distributing Plan)
with the Participant’s Rollover Request Authorization attached.
•
Step 3: the Distributing Plan verifies the accuracy of the information on Form
1. Following verification, the Distributing Plan uses Form 3 (Distributing
Plan’s Rollover Certification) to transmit information to the Receiving Plan
about the Participant’s Distributing Plan account, including the possible
rollover transfer methods.
•
Step 4: the Receiving Plan verifies that it can receive the rollover. Following
verification, the Receiving Plan uses Form 4 (Receiving Plan’s Rollover
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Acceptance) to accept the rollover and select one of the rollover transfer
methods offered by the Distributing Plan.
•
Step 5: the Distributing Plan transfers the rollover to the Receiving Plan using
the selected rollover transfer method.
Plans may modify the forms as necessary, including to comply with applicable
law (for example, federal and state privacy laws). Plans may provide specific
information supplementing or clarifying the information requested on the forms in the
spaces provided or as an addendum to the forms. Plans may also program the forms
into an API or for use on a clearinghouse or other electronic platform.
Use of the sample forms is optional. However, plans are encouraged to use the
rollover procedures described in this Appendix, consistent with the procedures and
protocols described in section III of this notice. Accordingly, plans are encouraged to
include the rollover procedures and protocols when using any alternate programming or
forms, especially because other plans may use the sample forms. If a plan elects to use
the sample forms the plan should complete the form as fully as possible, to avoid
unnecessary delay.
To the extent that information is transmitted electronically, plans should use a
system that uses data encryption to protect a Participant’s personal identifying
information (PII). For purposes of easily identifying a specific rollover requested by a
Participant and reducing the transmission of the Participant’s PII, the forms require the
use of a rollover identification number (RIN), which is generated by use of a unique
code, such as a 20-digit alphanumeric combination. Plans should include the RIN on all
forms and other communications with respect to the identified rollover request.
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To protect a Participant’s PII, the forms must be transmitted securely. If a plan
does not have the means to securely transmit a form, it should first contact the other
plan to discuss how to securely transmit the information on the form.
The following are the steps of the proposed rollover procedure.
Step 1: Participant submits Rollover Request to Receiving Plan
A Participant fills out Form 1 (Participant’s Rollover Request), including the
Participant’s Rollover Request Authorization, and securely transmits that form to the
Receiving Plan. The purpose of Form 1 is for the Receiving Plan to have enough
information about the Distributing Plan so that it can establish a secure line of
communication with the Distributing Plan regarding the requested rollover. A Participant
should contact either the Distributing Plan or Receiving Plan if the Participant does not
know or have access to the information required. The Receiving Plan should
immediately inform the Participant if any necessary information on Form 1 is incomplete
or if its administrator or trustee cannot accept the rollover.
Form 1 gives the Receiving Plan authorization to act on the Participant’s behalf
to request a rollover from the Distributing Plan. Form 1 assumes that the Participant
requesting the rollover already has an account in the Receiving Plan. To prevent
unnecessary delay, the Receiving Plan may make Form 1 applicable only to existing
accounts. Or it may permit the Participant to open an account in the plan at any time
before the Receiving Plan securely transmits Form 4 to the Distributing Plan.
To simplify the rollover process, Receiving Plans are encouraged to make Form 1
available electronically, including by use of fillable PDFs or online form fields that are
securely transmitted. Distributing Plans are also encouraged to include information
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necessary to complete Form 1 on their websites. In the alternative, plans are
encouraged to inform Participants on their websites how they may request Form 1 and
information necessary to complete Form 1.
Step 2: Receiving Plan submits Rollover Request and Authorization to
Distributing Plan
Upon receiving Form 1 from a Participant, the Receiving Plan should (1) create a
RIN and add it to the Participant’s Rollover Request Authorization (attached to Form 1)
and (2) complete Form 2 (Receiving Plan’s Request to Distributing Plan). The Receiving
Plan should then securely transmit Form 2, together with a copy of Participant’s Rollover
Request Authorization (attached to Form 1), to the Distributing Plan.
On Form 2, the Receiving Plan selects one or more methods that may be used to
securely communicate with the Receiving Plan. The Receiving Plan also selects one or
more methods by which it can accept a rollover transfer from the Distributing Plan. The
Receiving Plan should select electronic communications and rollover transfer methods
that it can use. The Receiving Plan should also provide the name and contact
information (including address, e-mail, and phone number) of a person who the
Distributing Plan may contact to resolve any issues with respect to the rollover request.
Step 3: Distributing Plan verifies accuracy of Rollover Request and securely
transmits information about the Participant’s Distributing Plan account to Receiving Plan
Upon receiving Form 2 from the Receiving Plan, the Distributing Plan should take
steps to independently verify the information on the form. This could include verifying
that the Participant is eligible to take a distribution (including obtaining necessary
spousal consent) and verify that the Participant’s name, last four digits of the
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Participant’s Social Security number (SSN), and the Participant’s date of birth match the
plan’s records. The Distributing Plan should also take steps to ensure that the
Participant has requested a rollover. For example, the plan could deploy phishingresistant multi-factor authentication to validate the request. The plan could also work
with an established financial intermediary to facilitate and verify the accuracy of the
transfer request, similar to what is commonly used in ACATS transfers involving IRAs.
Upon verifying the rollover request, the Distributing Plan should complete Form 3
(Distributing Plan’s Rollover Certification) and securely transmit the form to the
Receiving Plan. The Distributing Plan should use any of the communication methods
selected by the Receiving Plan on Form 2 to transmit Form 3 and any other
correspondence to the Receiving Plan with respect to the rollover request. The
Distributing Plan should contact the Receiving Plan if it is unable to use any of the
selected methods.
On Form 3, the Distributing Plan should select methods that it can use to transfer
the rollover to the Receiving Plan and that match the methods selected by the
Receiving Plan on Form 2. The Distributing Plan should select an electronic transfer
method if it can use one. The Distributing Plan should also provide the name and
contact information (including address, e-mail, and phone number) of a person who the
Receiving Plan may contact to resolve any issues with respect to the rollover request.
These forms do not address other requirements that apply to the Distributing
Plan in making a distribution, including compliance with spousal consent and required
minimum distribution rules. If there is a need for additional information, a plan
requirement to meet, or an issue to resolve before a rollover can occur, the Distributing
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Plan should contact the Receiving Plan to resolve the issue before completing Form 3.
If the Distributing Plan cannot verify that the Participant has requested a rollover and is
eligible to take a distribution (including obtaining necessary spousal consent), the
Distributing Plan should notify the Receiving Plan of the issue without completing Form
3. The Receiving Plan should then notify the Participant of the issue.
Step 4: Receiving Plan approves Rollover Request and securely transmits
selected Transfer Method to Distributing Plan
Upon receiving Form 3 from the Distributing Plan, the Receiving Plan should
complete Form 4 (Receiving Plan’s Rollover Acceptance) and securely transmit it to the
Distributing Plan. On Form 4, the Receiving Plan selects the method that will be used to
transfer the rollover from the Distributing Plan to the Receiving Plan, providing its
account number or mailing address for the selected method. The Receiving Plan should
select an electronic transfer method if the Distributing Plan has indicated on Form 3 that
it can use one. The Receiving Plan selects the method of transfer so that it is aware to
expect the transfer using that method. The Receiving Plan may permit more than one
electronic method of transfer.
If a check is the only possible transfer method that both plans can use, the
Receiving Plan should require that the check be payable to the Receiving Plan for the
benefit of the Participant (including the RIN in the check memo) and mailed or sent
directly to the Receiving Plan’s mailing address.
If there is a need for additional information, a plan requirement to meet, or an
issue to resolve before a rollover can occur, the Receiving Plan should contact the
Distributing Plan to resolve the issue before filling out Form 4.
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Step 5: Distributing Plan transfers Rollover to Receiving Plan
Upon receiving Form 4, the Distributing Plan should promptly and securely
transfer the Participant’s requested rollover to the Receiving Plan using the account
number or mailing address provided by the Receiving Plan on Form 4. The Receiving
Plan should contact the Distributing Plan if it does not receive the transfer within a
reasonable time after the date the Receiving Plan transmitted Form 4 to the Distributing
Plan.
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Form 1: Participant’s Rollover Request
Use this form if you (Participant) want to move your retirement savings currently held in
an employer’s plan or an IRA (Distributing Plan) into an account in a different employer
plan or IRA (Receiving Plan). (Do not use this form for an IRA-to-IRA transfer.) Contact
either the Distributing Plan or Receiving Plan if you do not know or have access to the
information required on this form.
1. PARTICIPANT INFORMATION
• Full Name:
• SSN last 4 digits:
• Date of Birth:
• Receiving Plan or IRA Account Number (if opened):
• Address:
• Preferred Contact (phone and/or e-mail):
2. DISTRIBUTING PLAN INFORMATION
• Employer/Plan Name (if employer plan):
• Plan Number and/or Account Number:
• Administrator or Trustee Name:
o
TIN (if provided):
o
Address (if provided):
o
Phone (if provided):
o
Fax and/or e-mail (if provided):
o
Contact Person’s Name (if provided):
3. DISTRIBUTING PLAN ACCOUNT TYPE (specify only one account type per form)
☐ Qualified Plan (including 401(k) Plan)
☐ 403(b) Plan
☐ 457(b) Plan
☐ Traditional IRA (including SEP or SIMPLE IRA)
4. AMOUNT AND TYPE IN DISTRIBUTING PLAN ACCOUNT TO MOVE (check all
that apply)
☐ Entire amount
☐ Entire pre-tax amount
☐ Entire Roth amount
☐ Specific amount(s) (specify type and percentage): ______________________
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[This page to be sent to Distributing Plan Administrator or Trustee.]
Participant’s Rollover Request Authorization
By signing below, I confirm that:
• To the best of my knowledge, all information provided on this form is correct,
and the distribution qualifies as an eligible rollover distribution.
• I authorize and direct the Receiving Plan to contact the Distributing Plan
administrator or trustee listed above.
• I authorize and direct the administrator or trustee of the Distributing Plan to roll
over the specified amount in the Distributing Plan to the Receiving Plan via an
electronic transfer.
• I authorize and direct the administrator or trustee of the Receiving Plan to
coordinate with the administrator or trustee of the Distributing Plan to take any
necessary steps required to achieve the rollover and to notify me if there are
any issues.
• I authorize and direct the Distributing Plan to take any necessary actions
required to achieve the rollover, including liquidating any investment positions,
closing the account, and assessing any fees under the terms of the Distributing
Plan account.
• I understand the type of retirement savings (pre-tax or Roth) remains the same.
• I understand the Receiving Plan will invest the assets rolled into the Receiving
Plan according to my investment election with the Receiving Plan (or the
Receiving Plan’s default investment if I have not made an election).
Signature: ______________________________________ Date: ________________
Printed Name:
SSN last 4 digits:
Date of Birth:
Receiving Plan Name:
______________________________________________________________________
TO BE ASSIGNED by Receiving Plan or IRA Administrator or Trustee
Rollover ID Number (RIN) for this rollover request:
FORM INSTRUCTIONS:
Rollover ID Number: The Receiving Plan assigns a rollover ID number to this rollover
request, and Plans must include it on all correspondence with respect to this rollover.
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Form 2: Receiving Plan’s Request to Distributing Plan
On behalf of the plan participant or IRA owner named below (Participant), the plan or
IRA named below (Receiving Plan) requests a rollover from the plan or IRA named
below (Distributing Plan). This form confirms that the Receiving Plan will accept a
retirement savings rollover from the Distributing Plan, as requested by the Participant in
the attached Rollover Request Authorization, in accordance with applicable provisions
of the Internal Revenue Code and the information Receiving Plan has received from the
Participant, as provided on this form, pending the Distributing Plan’s certification that the
rollover is eligible and the Distributing Plan is tax-qualified.
1. PARTICIPANT INFORMATION
• Full Name:
• SSN last 4 digits:
• Date of Birth:
2. ROLLOVER ID NUMBER (RIN):
3. DISTRIBUTING PLAN NAME AND OTHER INFORMATION:
4. DISTRIBUTING PLAN ACCOUNT TYPE (specify only one account type per form)
☐ Qualified Plan (including 401(k) Plan)
☐ 403(b) Plan
☐ 457(b) Plan
☐ Traditional IRA (including SEP or SIMPLE IRA)
5. AMOUNT AND TYPE PARTICIPANT REQUESTED TO MOVE
☐ Entire amount
☐ Entire pre-tax/traditional IRA amount
☐ Entire Roth amount
☐ Specific amount(s) (specify type and percentage): _____________________
6. RECEIVING PLAN INFORMATION
• Employer/Plan Name (if employer plan):
• Plan Number and/or Account Number:
• Administrator or Trustee Name:
o
TIN:
o
Address:
o
Phone:
o
Fax and/or e-mail:
o
Name of Specific Person to Resolve Issues:
o
Phone of Specific Person:
o
E-mail of Specific Person:
o
Address and Fax of Specific Person if different than above:
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7. ACCEPTABLE ROLLOVER METHODS (check all that are possible)
☐ ACH
☐ Electronic Platform or Clearinghouse, as specified: ________________________
☐ Other, as specified: _________________________________________________
8. PREFERRED COMMUNICATION METHODS (check or number preference order)
☐ By e-mail: ________________________________________________________
☐ By fax: ___________________________________________________________
☐ By secure portal or electronic platform: __________________________________
☐ Other: ___________________________________________________________
9. PROVIDE ANY ADDITIONAL INFORMATION:
10. CERTIFICATION
To the best of my knowledge, all information provided is correct, the Receiving Plan is
tax-qualified, and these amounts are eligible for rollover to the Receiving Plan.
Print Name: ________________________________________________________
Title: ______________________________________________________________
Authorized Signature: ________________________________________________
Date: ________________
FORM INSTRUCTIONS
Rollover ID Number: Plans must include the RIN assigned by the Receiving Plan on
all correspondence with respect to this rollover.
Acceptable Rollover and Preferred Communication Methods: The Receiving Plan
should indicate which methods it is able to use. The Distributing Plan should contact the
Receiving Plan if it cannot use a method selected by the Receiving Plan.
Return Distributing Plan Certification (Form 3) to Receiving Plan: Once the
Distributing Plan is ready to transfer the rollover funds to the Receiving Plan, the
Distributing Plan should fill out and send Form 3 (separate from and before transferring
the funds) to the Receiving Plan, using a preferred communication method of the
Receiving Plan.
Do Not Transfer Rollover until Instructed: The Distributing Plan should not transfer
the rollover funds until it receives the Receiving Plan’s confirmation on a separate form
(Form 4) that it is ready to accept the rollover. Form 4 will include the Receiving Plan’s
account number or mailing address for purposes of the transfer.
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Form 3: Distributing Plan’s Rollover Certification
On behalf of the plan participant or IRA owner named below (Participant), the plan or
IRA named below (Distributing Plan) has received a request from the plan or IRA named
below (Receiving Plan) to roll over amounts held in the Distributing Plan, as requested
by the Participant. This form confirms that the Distributing Plan is tax-qualified and that
the amounts are eligible for rollover, using a rollover method selected below.
Participant Name:
Rollover ID Number (RIN):
Receiving Plan:
Receiving Plan Contact Person:
1. DISTRIBUTING PLAN INFORMATION
• Employer/Plan Name (if employer plan):
• Plan Number and/or Account Number:
• Administrator or Trustee Name:
o
TIN:
o
Address:
o
Phone:
o
Fax and/or e-mail:
o
Name of Specific Person to Resolve Issues:
o
Phone of Specific Person:
o
E-mail of Specific Person:
o
Address and Fax of Specific Person if different than above:
2. DISTRIBUTING PLAN ACCOUNT TYPE (specify only one account type per form)
☐ Qualified Plan (including 401(k) Plan)
☐ 403(b) Plan
☐ 457(b) Plan
☐ Traditional IRA (including SEP or SIMPLE IRA)
3. ACCOUNT INFORMATION
Type of Savings
Amount ($)
Total Amount
Pre-tax Amount
Roth Amount
Roth Basis
After-tax Amount
After-tax Basis
Year of Initial Roth Contributions
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3. ACCEPTABLE ROLLOVER METHODS (check all that are possible, or number
preference order, and that match Receiving Plan’s acceptable rollover methods)
☐ ACH
☐ Electronic Platform or Clearinghouse, as specified: ________________________
☐ Other, as specified: _________________________________________________
If none of the Distributing Plan’s possible rollover methods match the Receiving Plan’s
acceptable rollover methods, contact the Receiving Plan to resolve.
4. PROVIDE ANY ADDITIONAL INFORMATION:
If there are any reasons that the rollover cannot be completed, Distributing Plan should
contact the Receiving Plan to obtain the necessary information or resolve the issues
before completing this form.
5. CERTIFICATION
To the best of my knowledge, all information provided is correct, the Distributing Plan is
tax-qualified, and these amounts are eligible for rollover.
Print Name: ________________________________________________________
Title: ______________________________________________________________
Authorized Signature: ________________________________________________
Date: ________________
FORM INSTRUCTIONS
Rollover ID Number: Plans must include the RIN assigned by the Receiving Plan on
all correspondence with respect to this rollover.
Advise Other Plan of Issues to be Resolved: If there are any issues that need to be
resolved, contact the Receiving Plan to resolve the issue before filling out this form.
Return Distributing Plan Certification (Form 3) to Receiving Plan: Once the
Distributing Plan is ready to transfer the rollover funds to the Receiving Plan, the
Distributing Plan should fill out and send Form 3 (separate from and before transferring
the funds) to the Receiving Plan, using a preferred communication method of the
Receiving Plan.
Do Not Transfer Rollover until Instructed: The Distributing Plan should not transfer
the rollover funds until it receives the Receiving Plan’s confirmation on a separate form
(Form 4) that it is ready to accept the rollover. Form 4 will include the Receiving Plan’s
account number or mailing address for purposes of the transfer.
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Form 4: Receiving Plan’s Rollover Acceptance
On behalf of the plan participant or IRA owner named below (Participant), the plan or
IRA named below (Receiving Plan) has received certification from the plan or IRA
named below (Distributing Plan) that it is ready to transfer the funds, as requested by
the Participant. This form confirms that the Receiving Plan is now ready to accept the
rollover from the Distributing Plan to the Receiving Plan’s account listed below.
Participant Name:
Rollover ID Number (RIN):
Distributing Plan:
Distributing Plan Contact Person:
1. RECEIVING PLAN INFORMATION
• Employer/Plan Name (if employer plan):
• Plan Number and/or Account Number:
• Administrator or Trustee Name:
o
TIN:
o
Address:
o
Phone:
o
Fax and/or e-mail:
o
Name of Specific Person to Resolve Issues:
o
Phone of Specific Perso
o
E-mail of Specific Person:
o
Address and Fax of Specific Contact if different than above:
2. SELECTED ROLLOVER METHOD
The Receiving Plan will accept the rollover via the following specified method or
platform:
☐ ACH:
o Routing Number:
o Account Number:
☐ Electronic Platform or Clearinghouse, as specified:______________________
☐ Other, as specified: ______________________________________________
3. PROVIDE ANY ADDITIONAL INFORMATION:
Print Name: ________________________________________________________
Title: ______________________________________________________________
Authorized Signature: ________________________________________________
Date: ________________
FORM INSTRUCTIONS: Contact the Distributing Plan if there are any additional issues
to be resolved before sending this form to the Distributing Plan. Contact the Distributing
Plan if the transfer is not received within a reasonable time after sending this form.
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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.