I am trying to roll over my Roth 401k to my existing Roth IRA, but my former employer is telling me that they need to to transfer any gains in my Roth 401k to my Pre-Tax 401k because of the "5 year rule". I thought that the 5 year rule would apply to distributions, but are they correct in applying it to a rollover transaction?
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Your employer may be referring to the 'five-year rule' for Conversions, which would not apply to a Rollover from a Roth 401k to a Roth IRA.
Click this link for more info on Roth 401K to Roth IRA rollovers.
Your former employer is COMPLETELY wrong!
Money properly in a Roth 401(k) account is NEVER permitted to be moved to a traditional 401(k) account.
If you are moving the entire Roth 401(k), the entire balance in the Roth 401(k) must be moved to the Roth IRA.
You are correct, the 5-year rule has NOTHING to do with this!
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