Work for a company that has esop. In April, company is changing to 401k. Can I roll over any of my esop now to any
other tax deferred plan. We were told we could roll over up to 70% now, and the balance before we put any money into 401k. Does anyone know anything about this? Please advise.

Hi insurerr ---

All or any portion of benefit distributions received in connection with the termination of a tax-qualified ESOP (except for any amount representing the return of after-tax employee contributions) may be "rolled over" (or directly transferred by the trustee, as directed by the participant) on a tax-deferred basis to an individual retirement account ("IRA") or to an employer-sponsored qualified retirement plan (including a 401(k) plan) that accepts such rollovers.

The company that is terminating the ESOP is required by law to notify you in writing regarding the options that are available to you.

The original post did not say anything about the ESOP terminating. More facts are needed. Is the ESOP terminating? being frozen? converted to a 401(k) plan? merged into a new 401(k) plan?

These are different situations. Only the first of these could lead to a distribution.

pax ---

If an ESOP is either "frozen" or converted (or merged) into a 401(k) plan, the employer could provide that benefit distributions will be offered to participants. In that event, any such distributions would be "eligible rollover distributions" under IRC Section 402©(4).