Notice of Final Deposit_TRS Form 6

TEACHER RETIREMENT SYSTEM OF TEXAS
1000 Red River Street, Austin, Texas 78701-2698
Telephone (512) 542-6400 or 1-800-223-TRST(8778)
TRS 6
Rev. 08-05
NOTICE OF FINAL DEPOSIT AND REQUEST FOR REFUND
Part I (Please Print)
Name
Social Security No.
Telephone No.
Date of Birth
Member's Mailing Address
Last Day of Employment
Street Address or Box Number
City
State
Zip Code
I authorize TRS to issue to me a personal identification number (PIN) which may be used to access information through the automated telephone system. I authorize the release
of any information regarding my account to anyone using my PIN. I understand that TRS will mail the PIN to my address on file for my account. Once mailed, TRS has no
responsibility for the protection of the PIN. I understand that is my responsibility to prevent unauthorized use of the PIN.
No, do not send a PIN
If you do not want TRS to send you a PIN, check here:
AFFIDAVIT THAT EMPLOYMENT HAS PERMANENTLY CEASED
AND INSTRUCTIONS FOR DISTRIBUTION OF FUNDS
I hereby certify that I have permanently terminated my employment in any State-supported educational institution in Texas
and request that the accumulated contributions in my account with the Teacher Retirement System of Texas (TRS) be distributed
to me according to the following instructions. I further certify that I do not have a contract or promise of employment nor have
I applied for employment with any employer covered by TRS and the balance in my account is due to me and unpaid. I understand that my receipt of the distribution will release TRS from any claim for other benefits payable on my behalf and will cancel
my TRS service credit. I further understand that should I contract for employment with any TRS-covered employer before
receiving my distribution, I will not be entitled to the distribution. TRS may not pay benefits on my behalf until the amount is
restored.
Individuals who terminate TRS membership by withdrawing their TRS account but resume membership on or after
September 1, 2007 will be subject to the following new retirement eligibility criteria for a normal age (unreduced) service
retirement annuity 1) age 65 with at least 5 years of service credit, or, 2) age 60 with at least 5 years of service credit and
age plus years of service credit equals at least 80.
Proportionate retirement notice: If you have service credit in another Texas public retirement system, termination of TRS
membership and service credit may affect your eligibility for benefits from a system participating in the proportionate
retirement program. If you plan to combine service credit in different systems to meet eligibility requirements, contact each
system for more information.
MEMBER MUST CHECK ONLY ONE SECTION
(see "Special Tax Notice Regarding TRS Payments" information sheet)
I hereby request that none of my accumulated contributions be rolled over into an eligible retirement plan.
I understand that 20% of the taxable amount of my refund will be withheld for income tax as required by law.
(PROVIDED THE AMOUNT IS GREATER THAN $200.00)
I hereby request that all or a portion of my accumulated contributions be rolled over into an eligible
retirement plan. Please send me information so I can provide TRS with rollover instructions.
I hereby acknowledge that I have been provided with "Special Tax Notice Regarding TRS Payments" and that I have 30
days from receipt of the notice to consider my decision of whether to elect a direct rollover of my distribution. I understand
that once I have made an election and TRS has issued the distribution, my election is irrevocable and cannot be changed.
Signature of Member
Before me, the undersigned authority, a Notary Public, on this day personally appeared the applicant for refund, known to me to be the person whose
name is subscribed to the foregoing instrument, and being first duly sworn declared to me upon oath that he/she has read the foregoing application
and the statements therein contained are true and correct.
Sworn to and subscribed before me this the
day of
,
in the City of
(Month)
(Year)
(SEAL)
County of
, and State of
(Signature) Notary Public
Part II
CERTIFICATION OF SCHOOL OFFICIAL
If member has been employed during the previous six-month period, the certification of school official is required. Send the
completed form with the monthly payroll report that includes the member's final payroll transaction.
OFFICIAL CERTIFICATION:
Name of school district, college or agency
Date of Termination
Final Transaction (Deposit or Adjustment) Amount
Included in Report for month of
I hereby certify the final salary payment has been made to the above named member and that this person has no further
contract, written or oral, to return to employment nor does this person have a notice of renewal of contract or a promise
of employment with this district. No further payments or adjustments will be made to the above named member by this
reporting entity.
*+6*
Date
Signature of official responsible for payroll reports to the Teacher Retirement System
,
Special Tax Notice Regarding TRS Payments
This notice explains how you can continue to defer federal income
tax on your retirement savings in the Teacher Retirement System
of Texas (TRS) and contains important information you will need
before you decide how to receive your TRS benefits. This notice
applies to payments made on or after January 1, 2007.
This notice is provided to you by TRS because all or part of the
payment that you will soon receive from TRS may be eligible for
rollover by you or TRS to a traditional IRA or an eligible employer
plan. A rollover is a payment by you or TRS of all or part of your
benefit to another plan or IRA that allows you to continue to
postpone taxation of that benefit until it is paid to you. Your
payment cannot be rolled over to a Roth IRA, a SIMPLE IRA, or a
Coverdell Education Savings Account (formerly known as an
education IRA).
An "eligible employer plan" includes a plan qualified under
Section 401(a) of the Internal Revenue Code, including a 401(k)
plan, profit-sharing plan, defined benefit plan, stock bonus plan,
and money purchase plan; a Section 403(a) annuity plan; a Section
403(b) tax-sheltered annuity; and an eligible Section 457(b) plan
maintained by a governmental employer (governmental 457 plan).
An eligible employer plan is not legally required to accept a
rollover. Before you decide to roll over your payment to another
employer plan, you should find out whether the plan accepts
rollovers and, if so, the types of distributions it accepts as a
rollover. You should also find out about any documents that are
required to be completed before the receiving plan will accept a
rollover. Even if a plan accepts rollovers, it might not accept
rollovers of certain types of distributions, such as after-tax
amounts. If this is the case, and your distribution includes
after-tax amounts, you may wish instead to roll your distribution
over to a traditional IRA or split your rollover amount between the
employer plan in which you will participate and a traditional IRA.
If an employer plan accepts your rollover, the plan may restrict
subsequent distributions of the rollover amount or may require
your spouse's consent for any subsequent distribution. A
subsequent distribution from the plan that accepts your rollover
may also be subject to different tax treatment than distributions
from TRS. Check with the administrator of the plan that is to
receive your rollover prior to making the rollover.
If you have additional questions after reading this notice, you can
contact TRS at 1-800-223-8778 or by writing to the Teacher
Retirement System of Texas, 1000 Red River Street, Austin, Texas
78701-2698. You may also go to the TRS Web site at
www.trs.state.tx.us.
SUMMARY
There are two ways you may be able to receive a TRS payment
that is eligible for rollover: (1) Certain payments can be made
directly to a traditional IRA that you establish or to an eligible
employer plan that will accept it and hold it for your benefit
("DIRECT ROLLOVER"); or (2) The payment can be PAID TO
YOU.
If you choose a DIRECT ROLLOVER:
’ Your payment will not be taxed in the current year and no
income tax will be withheld.
’ You choose whether your payment will be made directly to your
traditional IRA or to an eligible employer plan that accepts
your rollover. Your payment cannot be rolled over to a Roth
IRA, a SIMPLE IRA, or a Coverdell Education Savings Account
because these are not traditional IRAs.
’ The taxable portion of your payment will be taxed later when
you take it out of the traditional IRA or the eligible employer
plan. Depending on the type of plan, the later distribution may
be subject to different tax treatment than it would be if you
received a taxable distribution from TRS.
If you choose to have a TRS payment that is eligible for rollover
PAID TO YOU:
Form 6PG1
Rev. 12-06
’ You will receive only 80% of the taxable amount of the
payment because TRS is required to withhold 20% of that
amount and send it to the IRS as income tax withholding to
be credited against your taxes.
’ The taxable amount of your payment will be taxed in the
current year unless you roll it over. Under limited circumstances, you may be able to use special tax rules that could
reduce the tax you owe. However, if you receive the payment
before age 59 1/2, you may have to pay an additional 10% tax.
See special note below for qualified public safety employees.
You can roll over all or part of the payment by paying it to
your traditional IRA or to an eligible employer plan that
accepts your rollover within 60 days after you receive the
payment. The amount rolled over will not be taxed until you
take it out of the traditional IRA or the eligible employer plan.
’ If you want to roll over up to 100% of the payment to a
traditional IRA or an eligible employer plan, you must find
other money to replace the 20% of the taxable portion that was
withheld. If you roll over only the 80% that you received, you
will be taxed on the 20% that was withheld and that is not
rolled over.
Qualified Public Safety Employees. On or after August 18, 2006, if
you are a "qualified public safety employee" who terminates
employment in the calendar year in which you are age 50 or older,
and receive an eligible rollover distribution, you will not have to
pay the additional 10% tax on a payment that is eligible for
rollover and PAID TO YOU. You are a "qualified public safety
employee" if you are an employee of the State or political
subdivision of the State who provides police protection,
fire-fighting services, or emergency medical services for an area
within the jurisdiction of the State or political subdivision.
Your Right to Waive the 30-Day Notice Period. Generally, neither
a direct rollover nor a payment can be made from the plan until at
least 30 days after your receipt of this notice. Thus, after
receiving this notice, you have at least 30 days to consider
whether or not to have your withdrawal directly rolled over. If you
do not wish to wait until this 30-day notice period ends before your
election is processed, you may waive the notice period by making
an affirmative election indicating whether or not you wish to make
a direct rollover. Your withdrawal will then be processed in
accordance with your election as soon as practical after it is
received by TRS.
MORE INFORMATION:
I. PAYMENTS THAT CAN AND CANNOT BE ROLLED OVER
Payments from TRS may be "eligible rollover distributions." This
means that they can be rolled over to a traditional IRA or to an
eligible employer plan that accepts rollovers. Payments from a
plan cannot be rolled over to a ROTH IRA, a SIMPLE IRA, or a
Coverdell Education Savings Account. TRS should be able to tell
you what portion of your payment is an eligible rollover
distribution.
After-Tax Contributions. If you made after-tax contributions to
TRS, these contributions may be rolled into either a traditional
IRA or to certain employer plans that accept rollovers of the
after-tax contributions. The following rules apply:
a) Rollover into a traditional IRA. You can rollover your
after-tax contributions to a traditional IRA either directly or
indirectly. TRS should be able to tell you how much of your
payment is the taxable portion and how much is the after-tax
portion.
If you roll over after-tax contributions to a traditional IRA, it is
your responsibility to keep track of, and report to the Internal
Revenue Service on the applicable forms, the amount of these
after-tax contributions. This will enable the non-taxable amount
of any future distributions from the traditional IRA to be
determined.
Once you roll over your after-tax contributions to a traditional
IRA, those amounts CANNOT later be rolled over to an employer
plan.
(over)
After-Tax Contributions (continued)
b) Rollover into an Employer Plan. Beginning January 1, 2007,
you can roll over after-tax contributions from an employer plan
that is qualified under Code section 401(a) to another such plan
or to a Code section 403(a) annuity plan using a direct rollover if
the other plan or annuity contract provides separate accounting
for amounts rolled over, including separate accounting for the
after-tax employee contributions and earnings on those
contributions. If you want to roll over your after-tax
contributions to an employer plan that accepts these rollovers,
you cannot have the after-tax contributions paid to you first.
You must instruct TRS to make a direct rollover on your behalf.
You can also rollover after-tax contributions from an employer
plan that is qualified under Code section 401(a) to a traditional
IRA; however, you cannot first roll over after-tax contributions
to a traditional IRA and then roll over that amount into an
employer plan. You CANNOT roll over after-tax contributions to
a governmental 457 plan.
The following types of payments cannot be rolled over:
Payments Spread Over Long Periods. You cannot roll over a
payment if it is part of a series of equal (or almost equal)
payments that are made at least once a year and that will last
for:
’ your lifetime (or a period measured by your life expectancy), or
’ your lifetime and your beneficiary's lifetime (or a period
measured by your joint life expectancies), or
’ a period of 10 years or more.
Required Minimum Payments. Beginning when you reach age 70
1/2 or retire, whichever is later, a certain portion of your payment
cannot be rolled over because it is a "required minimum payment"
that must be paid to you.
Corrective Distributions. A distribution that is made to correct a
failed non-discrimination test or because legal limits on certain
contributions were exceeded cannot be rolled over.
TRS should be able to tell you if your payment includes amounts
which cannot be rolled over.
II. DIRECT ROLLOVER
A DIRECT ROLLOVER is a direct payment of the amount of your
TRS benefits to a traditional IRA or an eligible employer plan that
will accept it. You can choose a DIRECT ROLLOVER of all or any
portion of your payment that is an eligible rollover distribution, as
described in Part I above. You are not taxed on any taxable
portion of your payment for which you choose a DIRECT
ROLLOVER until you later take it out of the traditional IRA or
eligible employer plan. In addition, no income tax withholding is
required for any portion of your TRS benefits for which you choose
a DIRECT ROLLOVER. This Plan might not let you choose a
DIRECT ROLLOVER if your distributions for the year are less
than $200.
DIRECT ROLLOVER to a Traditional IRA. You can open a
traditional IRA to receive the direct rollover. If you choose to have
your payment made directly to a traditional IRA, contact an IRA
sponsor (usually a financial institution) to find out how to have
your payment made in a direct rollover to a traditional IRA at that
institution. If you are unsure of how to invest your money, you
can temporarily establish a traditional IRA to receive the
payment. However, in choosing a traditional IRA, you may wish
to make sure that the traditional IRA you choose will allow you to
move all or a part of your payment to another traditional IRA at a
later date, without penalties or other limitations. See IRS
Publication 590, Individual Retirement Arrangements, for more
information on traditional IRAs (including limits on how often you
can roll over between IRAs).
DIRECT ROLLOVER to a Plan. If you are employed by a new
employer that has an eligible employer plan, and you want a
direct rollover to that plan, ask the plan administrator of that plan
whether it will accept your rollover. An eligible employer plan is
not legally required to accept a rollover. Even if your new
employer's plan does not accept a rollover, you can choose a
DIRECT ROLLOVER to a traditional IRA. If the employer plan
accepts your rollover, the plan may provide restrictions on the
Form 6PG2
Rev. 12-06
circumstances under which you may later receive a distribution of
the rollover amount or may require spousal consent to any
subsequent distribution. Check with the plan administrator of
that plan before making your decision.
DIRECT ROLLOVER of a Series of Payments. If you receive a
payment that can be rolled over to a traditional IRA or an eligible
employer plan that will accept it, and it is paid in a series of
payments that can be rolled over to a traditional IRA or an
eligible employer plan that will accept it, and it is paid in a
series of payments for less than 10 years, your choice to make or
not make a DIRECT ROLLOVER for a payment will apply to all
later payments in the series until you change your election. You
are free to change your election for any later payment in the
series.
Change in Tax Treatment Resulting from a DIRECT ROLLOVER.
The tax treatment of any payment from the eligible employer
plan or traditional IRA receiving your DIRECT ROLLOVER might
be different than if you received your benefit in a taxable
distribution directly from TRS. For example, if you were born
before January 1, 1936, you might be entitled to ten-year
averaging or capital gain treatment, as explained below.
However, if you have your benefit rolled over to a section 403(b)
tax-sheltered annuity, a governmental 457 plan, or a traditional
IRA in a DIRECT ROLLOVER, your benefit will no longer be
eligible for that special treatment. See the sections below entitled
"Additional 10% Tax if You Are under Age 59 1/2" and "Special
Tax Treatment if You Were Born before January 1, 1936."
III. PAYMENT PAID TO YOU
If your payment can be rolled over (see Part I above) and the
payment is made to you in cash, it is subject to 20% federal income
tax withholding on the taxable portion. The payment is taxed in
the year you receive it unless, within 60 days, you roll it over to a
traditional IRA or an eligible employer plan that accepts rollover.
If you do not roll it over, special tax rules may apply.
INCOME TAX WITHHOLDING:
Mandatory Withholding. If any portion of your payment can be
rolled over under Part I above and you do not elect to make a
DIRECT ROLLOVER, TRS is required by law to withhold 20% of
the taxable amount. This amount is sent to the IRS as federal
income tax withholding. For example, if you can roll over a
taxable payment of $10,000, only $8,000 will be paid to you
because TRS must withhold $2,000 as income tax. However, when
you prepare your income tax return for the year, unless you make
a rollover within 60 days (see "Sixty-Day Rollover Option" below),
you must report the full $10,000 as a taxable payment from TRS.
You must report the $2,000 as tax withheld, and it will be credited
against any income tax you owe for the year. There will be no
income tax withholding if your payments for the year are less
than $200.
Voluntary Withholding. If any portion of your payment is taxable
but cannot be rolled over under Part I above, the mandatory
withholding rules described above do not apply. In this case, you
may elect not to have withholding apply to that portion. If you do
nothing, an amount will be taken out of this portion of your
payment for federal income tax withholding. To elect out of
withholding, ask TRS for the election form and related
information.
Sixty-Day Rollover Option. If you receive a payment that can be
rolled over under Part I above, you can still decide to roll over all
or part of it to a traditional IRA or to an eligible employer plan
that accepts rollovers. If you decide to roll over, you must
contribute the amount of the payment you received to a traditional
IRA or eligible employer plan within 60 days after you receive the
payment. The portion of your payment that is rolled over will not
be taxed until you take it out of the traditional IRA or the eligible
employer plan.
If you want to roll over a payment you received to a traditional
IRA or eligible employer plan, you can roll over up to 100% of your
payment that can be rolled over under Part I above, including an
amount equal to the 20% of the taxable portion that was withheld.
If you choose to roll over 100%, you must find other money within
the 60-day period to contribute to the traditional IRA or the
eligible employer plan, to replace the 20% that was withheld. On
the other hand, if you roll over only the 80% of the taxable portion
that you received, you will be taxed on the 20% that was withheld.
(over)
Form 6PG3
Sixty-Day Rollover Option (continued)
Example: The taxable portion of your payment that can be rolled
over under Part I above is $10,000, and you choose to have it paid
to you. You will receive $8,000, and $2,000 will be sent to the IRS
as income tax withholding. Within 60 days after receiving the
$8,000, you may roll over the entire $10,000 to a traditional IRA or
an eligible employer plan. To do this, you roll over the $8,000 you
received from TRS, and you will have to find $2,000 from other
sources (your savings, a loan, etc.). In this case, the entire $10,000
is not taxed until you take it out of the traditional IRA or an
eligible employer plan. If you roll over the entire $10,000, when
you file your income tax return you may get a refund of part or all
of the $2,000 withheld.
If, on the other hand, you roll over only $8,000, the $2,000 you did
not roll over is taxed in the year it was withheld. When you file
your income tax return, you may get a refund of part of the $2,000
withheld. (However, any refund is likely to be larger if you roll
over the entire $10,000.)
Additional 10% Tax If You Are Under Age 59 1/2. If you receive a
payment before you reach 59 1/2 and you do not roll it over, then,
in addition to the regular income tax, you may have to pay an
extra tax equal to 10% of the taxable portion of the payment. The
additional 10% generally does not apply to (1) payments that are
paid after you separate from service with your employer during or
after the year you reach age 55, (2) payments that are paid
because you retire due to disability, (3) payments that are paid as
equal (or almost equal) payments over your life or life expectancy
(or your and your beneficiary's lives or life expectancies), (4)
payments that are paid directly to the government to satisfy a
federal tax levy, (5) payments that are paid to an alternate payee
under a qualified domestic relations order, (6) payments that do
not exceed the amount of your deductible medical expenses, or (7)
payments to a qualified public safety employee who separates
from service during or after the year reaching age 50. See IRS
Form 5329 for more information on the additional 10% tax.
The additional 10% tax will not apply to distributions from a
governmental 457 plan, except to the extent the distribution is
attributable to an amount you rolled over to that plan (adjusted for
investment returns) from another type of eligible employer plan or
IRA. Any amount rolled over from a governmental 457 plan to
another type of eligible employer plan or to a traditional IRA will
become subject to the additional 10% tax if it is distributed to you
before you reach age 59 1/2, unless one of the exceptions applies.
Special Tax Treatment If You Were Born Before January 1, 1936.
If you receive a payment from a qualified plan under section
401(a) that can be rolled over under Part I and you do not roll it
over to a traditional IRA or an eligible employer plan, the
payment will be taxed in the year you receive it. However, if the
payment qualifies as a "lump sum distribution," it may be eligible
for a special tax treatment. A lump sum distribution is a
payment, within one year, of your entire balance under TRS (and
certain other similar plans of the employer) that is payable to you
after you have reached age 59 1/2 or because you have separated
from service with your employer (or, in the case of a self-employed
individual, after you have reached age 59 1/2 or have become
disabled). For a payment to be treated as a lump sum distribution,
you must have been a participant in TRS for at least 5 years
before the year in which you received the distribution. The special
tax treatment for lump sum distributions that may be available to
you is described below.
’ ’ ’ Ten-Year
??
Averaging. If you receive a lump sum distribution
and you were born before January 1, 1936, you can make a
one-time election to figure the tax on the payment using
"10-year averaging" (using 1986 tax rates). Ten-year averaging
often reduces the tax you owe.
’ Capital Gain Treatment. If you receive a lump sum
distribution and you were born before January 1, 1936 and if
you were a participant in TRS before 1974, you may elect to
have the part of your payment that is attributable to your
pre-1974 participation in TRS taxed as long-term capital gain
at a rate of 20%.
Rev. 12-06
There are other limits on the special tax treatment for lump sum
distributions. For example, you can generally elect this special
tax treatment only once in your lifetime, and the election applies
to all lump sum distributions that you receive in that same year.
You may not elect this special tax treatment if you rolled amounts
into TRS from a 403(b) tax-sheltered annuity contract, a
governmental 457 plan, or from an IRA not originally attributable
to a qualified employer plan. If you have previously rolled over a
distribution from TRS (or certain other similar plans of the
employer), you cannot use this special averaging treatment for
later payments from TRS. If you roll over your payment to a
traditional IRA, governmental 457 plan, or 403(b) tax-sheltered
annuity, you will not be able to use special tax treatment for later
payments from that IRA, plan, or annuity. Also, if you roll over
only a portion of your payment to a traditional IRA, governmental
457 plan, or 403(b) tax-sheltered annuity this special tax
treatment is not available for the rest of the payment. See IRS
Form 4972 for additional information on lump sum distributions
and how you elect the special tax treatment.
IV. SURVIVING SPOUSES AND ALTERNATE PAYEES
In general, the rules summarized above that apply to payments to
employees also apply to payments to surviving spouses of
employees and to spouses or former spouses who are "alternate
payees." You are an alternate payee if your interest in TRS results
from a "qualified domestic relations order," which is an order
issued by a court, usually in connection with a divorce or legal
separation.
If you are a surviving spouse or an alternate payee, you may
choose to have a payment that can be rolled over, as described in
Part I above, paid in a DIRECT ROLLOVER to a traditional IRA or
to an eligible employer plan or paid to you. If you have the
payment paid to you, you can keep it or roll it over yourself to a
traditional IRA or to an eligible employer plan. Thus, you have
the same choices as the employee.
V. BENEFICIARIES
If you are a beneficiary other than a surviving spouse or an
alternate payee, and you receive a distribution on or after January
1, 2007, you can choose to be paid in a DIRECT ROLLOVER to a
traditional IRA, which will be treated as an inherited IRA subject
to the minimum distribution rules applicable to beneficiaries. You
cannot choose a direct rollover to a Roth IRA or an eligible
employer plan, and you cannot roll over the payment yourself.
VI. SPECIAL RULES FOR SURVIVING SPOUSES, ALTERNATIVE
PAYEES, AND OTHER BENEFICIARIES
If you are a surviving spouse, an alternate payee, or another
beneficiary, your payment is generally not subject to the
additional 10% tax described in Part III above, even if you are
younger than age 59 1/2.
If you are a surviving spouse, an alternate payee, or another
beneficiary, you may be able to use the special tax treatment for
lump sum distributions, as described in Part III above. If you
receive a payment because of the employee's death, you may be
able to treat the payment as a lump sum distribution if the
employee met the appropriate age requirements, whether or not
the employee had 5 years of participation in TRS.
HOW TO OBTAIN ADDITIONAL INFORMATION
This notice summarizes only the federal (not state or local) tax
rules that might apply to your payment. The rules described
above are complex and contain many conditions and exceptions
that are not included in this notice. Therefore, you may want to
consult with TRS or a professional tax advisor before you take a
payment of your benefits from TRS. Also, you can find more
specific information on the tax treatment of payments from
qualified employer plans in IRS Publication 575, Pension and
Annuity Income, and IRS Publication 590, Individual Retirement
Arrangements. These publications are available from your local
IRS office, on the IRS's Internet Web Site at
, or by
calling 1-800-TAX-FORMS.
www.irs.gov