§47-2-305.1A.

§47-2-305.1A.
   
   A. This section applies to distributions made on or after January 1,
   1993. Notwithstanding any provision of the System to the contrary that
   would otherwise limit a Distributee's election hereunder, a
   Distributee may elect, at the time and in the manner prescribed by the
   Board, to have any portion of an Eligible Rollover Distribution paid
   directly to an Eligible Retirement Plan specified by the Distributee
   in a Direct Rollover.
   
   B. As used in this section:
   
   1. "Eligible Rollover Distribution" means any distribution of all or
   any portion of the balance to the credit of the Distributee, except
   that an Eligible Rollover Distribution does not include: any
   distribution that is one of a series of substantially equal periodic
   payments (not less frequently than annually) made for the life (or
   life expectancy) of the Distributee or the joint lives (or life
   expectancies) of the Distributee and the Distributee's designated
   beneficiary, or for a specified period of ten (10) years or more, any
   distribution to the extent such distribution is required under Section
   401(a)(9) of the Internal Revenue Code of 1986, as amended; and the
   portion of any distribution that is not includable in gross income
   (determined without regard to the exclusion for net unrealized
   appreciation with respect to employer securities).
   
   2. "Eligible Retirement Plan" means an individual retirement account
   described in Section 405(a) of the Internal Revenue Code of 1986, as
   amended, and individual retirement annuity described in Section 405(b)
   of the Internal Revenue Code of 1986, as amended, an annuity plan
   described in Section 403(a) of the Internal Revenue Code of 1986, as
   amended, or a qualified trust described in Section 401(a) of the
   Internal Revenue Code of 1986, as amended, that accepts the
   Distributee's Eligible Rollover Distribution. However, in the case of
   an Eligible Rollover Distribution to the surviving spouse, an Eligible
   Retirement Plan is an individual retirement account or individual
   retirement annuity. An Eligible Retirement Plan does not include a
   Roth IRA under Section 408(a) of the Internal Revenue Code of 1986, as
   amended.
   
   3. "Distributee" means an employee or former employee. In addition,
   the employee's or former employee's surviving spouse and the
   employee's or former employee's spouse or former spouse who is the
   alternate payee under a qualified domestic relations order, as defined
   in Section 414(p) of the Internal Revenue Code of 1986, as amended,
   are Distributees with regard to the interest of the spouse or the
   former spouse.
   
   4. "Direct Rollover" means a payment by the Plan to the Eligible
   Retirement Plan specified by the Distributee.
   
   C. At least thirty (30) days and not more than ninety (90) days before
   the date of distribution, the Distributee must be provided with a
   notice of rights which satisfies Code Section 402(f) as to rollover
   options and tax effects. Such distribution may commence less than
   thirty (30) days after the notice is given, provided that:
   
   1. The Board clearly informs the Distributee that the Distributee has
   a right to a period of at least thirty (30) days after receiving the
   notice to consider the decision of whether or not to elect a
   distribution; and
   
   2. The Distributee, after receiving the notice, affirmatively elects a
   distribution.