Unemployment Compensation Amendments of 1992

Definition

The Unemployment Compensation Amendments of 1992 allow U.S. workers who lose their jobs to move employer‑sponsored retirement savings (for example, a 401(k)) into a qualified retirement plan—such as an individual retirement account (IRA)—without immediate tax consequences.

Key provisions

Employers must offer departing employees the option to roll over plan balances to an IRA or another qualified plan.
Employees may choose a trustee‑to‑trustee transfer (direct rollover) or receive the funds personally (indirect rollover).
Direct rollovers are not treated as taxable distributions and have no tax withheld.
If the distribution is paid to the employee (indirect rollover), the plan must withhold 20% for federal income tax.

How trustee‑to‑trustee (direct) transfers work

In a direct rollover, the retirement plan sends funds directly to the receiving IRA or qualified plan custodian.
The account holder never receives the money personally, so no taxes are withheld and the transfer is not counted as income.
This is the simplest way to preserve tax‑deferred status and avoid mandatory withholding.

Tax consequences of receiving funds directly

If you receive a check payable to you, the plan is required to withhold 20% for federal income tax. That withheld amount is credited against your eventual tax liability, but you may have to wait until you file your return to recover any excess withholding.
Taking a distribution and not rolling it over can trigger ordinary income tax and, if you are under age 59½, a 10% early‑withdrawal penalty in addition to the regular tax.

Special considerations and common plan rules

Small‑balance cash‑out: plans commonly may automatically cash out accounts under $1,000 and distribute the funds to you.
Mandatory IRA conversion: accounts between $1,000 and $5,000 may be rolled into an IRA by the employer if you don’t provide rollover instructions.
Leaving money in the former employer’s plan: many plans allow you to keep balances above a minimum (commonly $5,000), but you cannot make new contributions to that former employer’s plan.
Investment options: IRAs typically offer a broader range of investments than employer plans, which usually limit choices to a set of mutual funds.

Practical recommendations

Prefer a trustee‑to‑trustee (direct) rollover to preserve tax‑deferred status and avoid the 20% mandatory withholding.
If considering a roll into an IRA, compare investment options, fees, and services before selecting a custodian.
Avoid taking a lump‑sum distribution unless unavoidable; early withdrawals reduce retirement savings and may incur taxes and penalties.
Check your old plan’s small‑balance rules so you know whether the plan may cash out or automatically roll funds into an IRA.
Consult a tax advisor if you’re unsure about the tax or penalty implications for your situation.

Sources

Primary guidance includes H.R. 5260 (Unemployment Compensation Amendments of 1992), IRS guidance on rollovers, and U.S. Department of Labor materials on retirement plans and fees.