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CalSavers and 401(k) at California separation

By Vitality Press Editorial

Updated

Independent editorial team. Every numeric claim cites a primary source — IRS / agency publication, federal or state statute, or controlling case law.

CalSavers basics — the California state-run auto-IRA

CalSavers is California's state-administered automatic-enrollment retirement savings program for private-sector workers whose employer does not offer a qualified retirement plan. The program was established by the CalSavers Retirement Savings Trust Act, codified at Cal. Gov. Code § 100000 et seq., and is administered by the CalSavers Retirement Savings Board housed within the State Treasurer's Office. Enrollment is mandatory for eligible employers (originally phased in by employer size from 2020 to 2022, with the threshold lowered to all employers of 1 or more eligible employees in subsequent legislative expansions). Eligible employees are auto-enrolled into a Roth IRA after a 30-day opt-out window; participants who choose not to participate can opt out at any time, and those who opted out can opt back in later.

The default account type is a Roth Individual Retirement Account — meaning contributions are made with after-tax dollars and qualified distributions in retirement are tax-free. The CalSavers saver portal states that "Your savings rate will automatically increase by 1% each year until your savings rate reaches 8%, unless you choose otherwise." The default contribution rate is 5% of gross pay (per the CalSavers employer portal, "The default savings rate is 5% of gross pay. Savers can change their rate at any time."). Participants can adjust the rate up or down, opt out, or recharacterize the account to a traditional IRA. Annual contributions are subject to the IRS Roth IRA contribution limits in 26 U.S.C. § 408A — $7,000 for 2025 ($8,000 if age 50 or older) and $7,500 for 2026 ($8,600 if age 50 or older) per IRS Publication 590-A. Income-based phase-outs apply: for 2025, the single-filer Roth IRA contribution begins to phase out at $150,000 modified AGI and is fully phased out at $165,000 (verify the 2026 thresholds against the IRS Cost-of-Living Adjustments announcement).

CalSavers is fundamentally different from an employer 401(k). It is an IRA — owned by the participant, portable between jobs, and not subject to ERISA. The employer's role is administrative: facilitating payroll deductions and remitting them to the CalSavers trust. The employer does not contribute, does not match, and does not have fiduciary responsibility for investment choices. This structural difference matters at separation: where a 401(k) requires affirmative rollover decisions to move the money, a CalSavers IRA simply continues to exist in the participant's name with no employer involvement.

Investment options inside the CalSavers IRA are limited to a target-date series and a small set of additional funds selected by the CalSavers Board. The default investment is a target-date fund corresponding to the participant's expected retirement age. Fees are bundled into a single annual administrative fee plus the underlying fund expense ratios; the combined fee is set by the Board and disclosed in the CalSavers Program Disclosure Booklet. For a California employee being laid off who has a CalSavers account, the operational question at separation is straightforward — what happens to the account and what options exist to move it elsewhere.

At separation — what happens to a CalSavers account

Because CalSavers is an IRA — not an employer plan — separation from the employer has no direct effect on the account. The Roth IRA continues to exist in the participant's name with the CalSavers trust as custodian; payroll contributions simply stop because there is no payroll. The CalSavers materials describe this portability explicitly: "Portable IRA that belongs to you." The participant retains full ownership and full access to the existing balance and continues to bear the ongoing administrative fees.

A separated participant has three operational options. First, leave the account at CalSavers and continue with the existing balance — appropriate for a participant who is comfortable with the CalSavers fee structure and investment menu and does not want to take any action. Second, continue contributing directly to the CalSavers IRA after separation if the participant remains eligible under the IRS Roth IRA rules (which require earned income and adherence to the MAGI phase-out described in Publication 590-A). Continued contributions are made by check or ACH transfer to the CalSavers trust outside any employer payroll context. Third, roll the CalSavers Roth IRA over to another Roth IRA at a private custodian (Fidelity, Vanguard, Schwab, etc.) for access to a broader investment menu and typically lower expense ratios. The rollover is processed as a trustee-to-trustee transfer; no tax event occurs because the funds remain in Roth status.

A CalSavers Roth IRA cannot be rolled directly to a traditional IRA. The IRS rules under 26 U.S.C. § 408A treat Roth IRA assets as a separate species: a Roth balance can move to another Roth IRA without tax, but moving it to a traditional IRA would require a "Roth recharacterization" mechanism that was eliminated by the Tax Cuts and Jobs Act effective January 1, 2018, for Roth conversion contributions (the recharacterization of regular Roth IRA contributions to traditional IRA contributions remains available in some circumstances under § 408A(d)(6), but the recharacterization of conversions does not). For most CalSavers participants the practical answer is that a CalSavers Roth IRA rolls to another Roth IRA or stays at CalSavers — the traditional-IRA path is not available.

Roth IRA distributions before age 59½ are subject to a five-year holding period and ordering rules under 26 U.S.C. § 408A(d)(2) for qualified distribution treatment. Contributions (i.e., basis) can be withdrawn at any time without tax or penalty; earnings withdrawn before age 59½ are subject to ordinary income tax and a 10% early-distribution penalty under 26 U.S.C. § 72(t). A laid-off CalSavers participant facing a cash crunch can therefore access the contribution portion of the account penalty-free, though most financial advisors counsel against tapping retirement accounts to bridge unemployment because the lost compounding is rarely recovered. Consult a financial planner before withdrawing any retirement assets.

401(k) at separation — the four rollover options

A participant separating from an employer that sponsors a 401(k) plan has four operational options for the account balance. Each has different tax and fee consequences. Option one — leave the balance in the former employer's plan — is available where the balance exceeds the mandatory cash-out threshold. SECURE 2.0 (P.L. 117-328) increased the mandatory-cash-out threshold under 26 U.S.C. § 411(a)(11) from $5,000 to $7,000 effective for distributions made after December 31, 2023; balances above that threshold cannot be involuntarily distributed without participant consent. The implementing regulation at 26 CFR § 1.411(a)-11 codifies the consent rules and notice timing (no less than 30 and no more than 90 days before commencement). Option two — roll the balance to a new employer's 401(k) — is available if the new plan accepts rollovers (most do). Option three — roll to a traditional or Roth IRA — is the most common choice and gives the participant access to a broader investment menu. Option four — take a cash distribution — is the most expensive option in tax terms but the only one that delivers liquidity now.

The choice between a direct rollover and an indirect rollover materially affects the tax outcome. In a direct rollover under 26 U.S.C. § 401(a)(31) and 26 CFR § 1.401(a)(31)-1, the former employer's plan transfers the balance trustee-to-trustee directly to the receiving IRA or new 401(k); the participant never touches the money and the full balance lands in the receiving account with no withholding. In an indirect rollover, the plan sends the distribution check to the participant, who then has 60 days under 26 U.S.C. § 402(c)(3)(A) to deposit the funds into a receiving IRA or qualified plan. The 60-day deadline is strict — missing it converts the distribution into a taxable event with the full balance taxed as ordinary income and (if under 59½) hit with the 10% early-distribution penalty.

The trap with indirect rollovers is the 20% mandatory federal withholding under 26 U.S.C. § 3405(c). When the plan distributes the funds to the participant, the plan must withhold 20% of the eligible rollover amount and remit it to the IRS. The participant who wants to roll the full amount within 60 days must therefore come up with the 20% out of pocket and deposit the full pre-withholding amount into the receiving IRA — otherwise the 20% withheld is treated as a distribution, subject to ordinary tax and the 10% penalty. The withheld amount is reconciled on the participant's Form 1040 at tax filing and refunded if the rollover was completed in full, but the cash-flow burden during the 60-day window can be significant. The direct rollover avoids this entirely; for that reason it is the strongly preferred path for any participant who intends to keep the funds in retirement-tax-advantaged status.

Indirect rollovers are also subject to a "one-rollover-per-year" rule under 26 U.S.C. § 408(d)(3)(B): a participant can complete only one indirect IRA-to-IRA rollover per 12-month period across all IRAs the participant owns. Direct trustee-to-trustee transfers are unlimited. The one-year rule does not apply to 401(k)-to-IRA rollovers in the year of separation — that movement is governed by § 402(c), not § 408(d)(3)(B) — but it does apply to subsequent IRA-to-IRA movements. The cleanest practice for a laid-off employee is to (i) request a direct rollover from the former employer's 401(k) plan to the chosen IRA custodian, (ii) confirm the receiving institution's rollover acceptance form is in hand before initiating the request, and (iii) keep the resulting Form 1099-R (issued by the former plan) and the IRA custodian's rollover-contribution confirmation as documentation. The IRS Form 1099-R will show a Code G in Box 7 to indicate a direct rollover, which signals to the IRS that the distribution is non-taxable.

The 401(k) loan offset — QPLO mechanics and the TCJA extended deadline

A 401(k) loan that is outstanding when an employee separates is treated specially under the federal retirement-plan rules. Most plans require either repayment of the outstanding loan balance by a short deadline after separation (commonly the next plan-loan due date, but the plan's loan policy controls) or the unpaid balance is "offset" against the account at termination — meaning the plan reduces the account by the loan amount, the offset is treated as a distribution to the participant, and the loan is canceled. Pre-TCJA, this loan-offset distribution had to be rolled over within the standard 60-day window under 26 U.S.C. § 402(c)(3)(A) to avoid being taxed as ordinary income (and hit with the 10% early-distribution penalty for participants under 59½). The 60-day window was a frequent compliance trap for laid-off employees, who often did not have the cash to roll over a $5,000 or $10,000 loan offset within two months of losing their job.

The Tax Cuts and Jobs Act of 2017 (P.L. 115-97) created a new category called a "qualified plan loan offset amount" or QPLO and gave QPLO distributions a substantially longer rollover window. The statutory text is at 26 U.S.C. § 402(c)(3)(C). Subparagraph (i) states that "In the case of a qualified plan loan offset amount, paragraph (1) shall not apply to any transfer of such amount made after the due date (including extensions) for filing the return of tax for the taxable year in which such amount is treated as distributed from a qualified employer plan." Subparagraph (ii) defines a QPLO as "a plan loan offset amount which is treated as distributed from a qualified employer plan to a participant or beneficiary solely by reason of—(I) the termination of the qualified employer plan, or (II) the failure to meet the repayment terms of the loan from such plan because of the severance from employment of the participant." Treasury issued final regulations at 26 CFR § 1.402(c)-3 implementing the QPLO rules.

The practical effect is dramatic. A participant laid off in March of year 1 with a $5,000 outstanding 401(k) loan can now wait until the April 15 due date of the year 1 federal return (October 15 with extensions) to assemble the $5,000 and deposit it into a rollover IRA, completing the rollover of the loan offset. Before TCJA the deadline would have been roughly mid-May of year 1 — 60 days from offset — which is often before the participant has found new employment. The QPLO category requires that the loan offset be triggered specifically by either plan termination or severance from employment; loan offsets arising from non-severance loan defaults (for example, missing scheduled loan payments while still employed) remain subject to the 60-day rule.

Operationally, the QPLO rollover works as follows. At separation, the plan offsets the unpaid loan balance against the account: the plan reports the offset amount on Form 1099-R, typically with Code M in Box 7 indicating a qualified plan loan offset. The participant then has until the federal return due date (including extensions) for the year of offset to deposit funds equal to the offset amount into a rollover IRA. The deposited funds need not come from the 401(k) distribution itself — they can come from any source the participant chooses (savings, family transfer, etc.). The deposit is reported as a rollover contribution to the IRA custodian, and the participant claims the rollover on Form 1040 for the year of offset, which excludes the offset amount from taxable income. The IRS released worked examples in Treasury Regulation § 1.402(c)-3 illustrating the mechanic; consult a tax advisor for a specific fact pattern involving a non-trivial offset amount.

Roth 401(k) basis tracking and the backdoor-Roth interaction

A separation from a 401(k) plan that includes a Roth 401(k) component raises distinct tax-tracking questions. A Roth 401(k) is contributed with after-tax dollars and is subject to the qualified-distribution rules under 26 U.S.C. § 402A. When a Roth 401(k) balance is rolled to a Roth IRA, the basis (after-tax contributions) and earnings (pre-tax growth) carry over to the receiving Roth IRA, and from that point are governed by Roth IRA ordering rules under 26 U.S.C. § 408A(d)(4). The Treasury Regulation at 26 CFR § 1.408A-10 addresses the rollover of designated Roth contributions to Roth IRAs and provides that the five-year holding period for qualified-distribution treatment is calculated separately at the Roth IRA level — meaning the holding clock restarts based on the Roth IRA's own five-year period, not the Roth 401(k)'s. This is an important and often-overlooked detail: a participant with a 10-year-old Roth 401(k) who rolls it to a newly opened Roth IRA does not get to bring the 10-year clock with them; the Roth IRA's own five-year clock applies for qualified-distribution purposes.

The participant should obtain from the former plan's recordkeeper a statement of the Roth 401(k) basis amount (the cumulative after-tax contribution amount) at the time of rollover. This figure determines the ordering of distributions from the receiving Roth IRA: contributions (basis) come out first, conversions next, earnings last. The plan recordkeeper typically provides this information on the Form 1099-R for the rollover or on a supplemental rollover statement. Keeping that documentation is important for managing later distributions, particularly for participants who may need to access Roth IRA funds before retirement age — the basis portion is always available tax-free and penalty-free, but only if the participant can document the basis.

The 401(k) rollover decision also intersects with the "backdoor Roth" planning technique used by high-income individuals who exceed the Roth IRA direct-contribution income limits. The backdoor Roth involves contributing to a traditional IRA on a non-deductible basis and then converting to a Roth IRA. The conversion is generally taxable only on the pre-tax portion of the converted amount; the pro-rata rule under 26 U.S.C. § 408(d)(2) aggregates all of the participant's traditional IRAs (including SEP and SIMPLE IRAs) in computing the taxable conversion fraction. Rolling a pre-tax 401(k) balance into a traditional IRA at separation pulls those pre-tax assets into the pro-rata calculation, which can substantially reduce the after-tax efficiency of subsequent backdoor Roth conversions.

For a separating employee who has been doing backdoor Roth contributions, the cleaner move is often to either (a) roll the pre-tax 401(k) to a new employer's 401(k) (employer plans are excluded from the IRA pro-rata aggregation rule), (b) leave the balance in the former employer's plan, or (c) accept the pro-rata complication and roll to a traditional IRA. The optimal choice depends on the dollar amounts, the participant's income trajectory, and the participant's plans for future backdoor Roth conversions. This is a multi-variable tax-planning question that warrants a conversation with a financial advisor or tax professional rather than a default rollover-to-IRA decision. This page is educational, not financial or tax advice for any specific situation.

Worked example

401(k) decisions for a $200,000 balance with $5,000 outstanding loan at California layoff
DecisionMechanicsTax outcome
Leave in former employer planAllowed because balance ≥ $7,000 mandatory-cash-out threshold under 26 U.S.C. § 411(a)(11). The $5,000 loan must be repaid by the plan's post-separation deadline or it offsets at termination.No tax event at separation on the $195,000 remaining balance. The $5,000 loan offset is a separate distribution event subject to the QPLO rules.
Direct rollover to traditional IRA (without addressing the loan)Plan transfers the $195,000 trustee-to-trustee to the receiving IRA. The $5,000 loan offsets at separation and is reported on Form 1099-R.No withholding and no tax on the $195,000. The $5,000 offset is ordinary income (plus 10% penalty if under 59½) unless rolled separately within the QPLO deadline.
Direct rollover plus QPLO loan-offset rollover by tax filing deadlineWithin the QPLO deadline (the due date of the federal return, including extensions, for the year of offset), the participant deposits $5,000 of their own funds into the rollover IRA to complete the loan-offset rollover.$0 income recognized from the loan offset; the full $200,000 is treated as rolled over and remains in tax-deferred status.
Cash distribution (participant under age 59½)Plan withholds 20% federal under 26 U.S.C. § 3405(c) plus state withholding; participant may still complete an indirect rollover by depositing the full pre-withholding amount within 60 days under § 402(c)(3)(A).If not rolled: $200,000 ordinary income plus a 10% federal early-distribution penalty under 26 U.S.C. § 72(t) plus California ordinary income tax. If rolled within 60 days: no tax owed and the 20% withholding is refunded at filing.

Indirect IRA-to-IRA rollovers are limited to one per 12-month period per IRA owner under 26 U.S.C. § 408(d)(3)(B); direct trustee-to-trustee transfers are unlimited. The QPLO extended deadline at 26 U.S.C. § 402(c)(3)(C) applies only when the loan offset is triggered by severance from employment or plan termination — not when the loan defaults for non-severance reasons (e.g., missed payments while still employed). The 2025 mandatory-cash-out threshold of $7,000 reflects the SECURE 2.0 amendment to § 411(a)(11) effective for distributions after December 31, 2023. This is illustrative, not financial or tax advice for any specific arrangement — consult a financial planner or tax advisor for retirement-account decisions of this magnitude.

Calculate your California severance

Inputs default to California; adjust to your specifics.

Your situation

Informational only. Not legal, tax, or financial advice. The numbers below are benchmarks based on the inputs you provided; your actual outcome depends on your jurisdiction, plan terms, and individual circumstances. Always consult a licensed employment attorney before signing a separation agreement that waives statutory claims (ADEA, Title VII, WARN, state mini-WARN).

Severance benchmarks

Typical benchmark

$21,635

7.5 weeks · methodology: benchmarks are derived from publicly reported severance norms across us corporate layoffs. weeks/year scale with role level; tenure <1 year gets a floor; cap at 52 weeks. these are negotiation reference points, not promises.

BandWeeksGross
Typical7.5$21,635
Good12.5$36,058
Aggressive20.0$57,692

Tax breakdown (typical band)

Gross$21,635
Federal supplemental$4,760
State supplemental$1,428
FICA — Social Security$1,341
FICA — Medicare$314
FICA — Additional Medicare$0
Net cash$13,792

Social Security withholding assumes a year-end layoff. If you're laid off earlier in the year and your salary exceeds the $184,500 Social Security wage base, your actual SS withholding will be higher and net cash lower than shown.

WARN Act

Not a group layoff

OWBPA review window

Individual exit (21-day review window) under the Older Workers Benefit Protection Act, plus 7-day revocation right.

Review window: 21 days · Revocation: 7 days after signing

COBRA cost

Monthly: $0

Annual: $0

Enter your employer-side monthly premium for an estimate.

Equity at termination

Forfeited unvested: $0

ISO exercise window post-termination: 90 days

  • ISO holders: you typically have 90 days post-termination to exercise vested ISOs before they convert to NSOs.

Frequently asked

What happens to my CalSavers account when I'm laid off?

Nothing automatic happens to the account itself — CalSavers is an IRA, not an employer plan, so separation from the employer just stops the payroll contributions that were flowing in. The Roth IRA continues to exist in your name with the CalSavers trust as custodian, and you retain full access to the existing balance. You have three options after separation: (1) leave the account at CalSavers and let it sit; (2) continue contributing directly to the CalSavers IRA outside payroll (subject to the IRS Roth IRA earned-income and MAGI limits in Publication 590-A); or (3) roll the Roth IRA over to another Roth IRA at a private custodian (Fidelity, Vanguard, Schwab, etc.) via a trustee-to-trustee transfer, with no tax event. A CalSavers Roth IRA cannot be rolled directly to a traditional IRA — the assets stay in Roth status. This is general information; consult a financial planner before moving retirement assets.

Should I roll my 401(k) to an IRA or leave it with my former employer?

There is no universal right answer — the tradeoff depends on the plan's investment menu, fees, and your individual situation. A former-employer 401(k) is available as a parking option only if the balance exceeds the mandatory cash-out threshold of $7,000 under 26 U.S.C. § 411(a)(11) (raised from $5,000 by SECURE 2.0 for distributions after December 31, 2023). Reasons to leave the balance: institutional-quality investment options at lower expense ratios than retail IRAs, ERISA creditor protection, and access to plan loans if you become re-employed by the same employer. Reasons to roll to an IRA: broader investment menu, consolidation with other retirement accounts, access to Roth conversion mechanics. Rolling to a new employer's 401(k) is a third option if the new plan accepts rollovers — useful for participants who want to preserve ERISA protection and avoid pulling pre-tax 401(k) money into the backdoor-Roth pro-rata calculation under 26 U.S.C. § 408(d)(2). Consult a financial advisor before deciding.

What's the 20% mandatory withholding on indirect rollovers?

When you take a 401(k) distribution paid directly to you (an "indirect rollover" structure), 26 U.S.C. § 3405(c) requires the plan to withhold 20% of the eligible rollover amount and remit it to the IRS. The statute reads: "the payor of such distribution shall withhold from such distribution an amount equal to 20 percent of such distribution." If you intend to complete a rollover within the 60-day window under § 402(c)(3)(A), you must deposit the full pre-withholding amount into the receiving IRA — meaning you have to come up with the 20% withheld portion out of pocket — or that 20% is treated as a taxable distribution subject to ordinary tax plus the 10% early-withdrawal penalty if you're under 59½. The withheld 20% is reconciled on your Form 1040 and refunded at filing if the rollover was completed in full. The simple workaround is a direct trustee-to-trustee rollover under 26 U.S.C. § 401(a)(31), which avoids the 20% withholding entirely.

I have an outstanding 401(k) loan — what happens at separation?

Most 401(k) plans require either repayment of the outstanding loan balance by a short deadline after separation (typically set by the plan's loan policy) or the loan balance is "offset" against your account at termination. An offset means the plan reduces your account balance by the unpaid loan amount, the offset is treated as a distribution to you, and the loan is canceled. The offset distribution is reported on Form 1099-R, typically with Code M in Box 7 to indicate a qualified plan loan offset (QPLO). Without further action, the offset amount is taxable as ordinary income, plus a 10% early-distribution penalty under 26 U.S.C. § 72(t) if you're under age 59½. The good news is that the Tax Cuts and Jobs Act added a substantially longer rollover window for QPLOs — see the next FAQ.

Can I roll over an offset 401(k) loan to avoid the 10% penalty?

Yes — the Tax Cuts and Jobs Act added 26 U.S.C. § 402(c)(3)(C), which extends the rollover deadline for a "qualified plan loan offset" (QPLO) from the standard 60 days to the due date of your federal return (including extensions) for the year of offset. The statute states that "In the case of a qualified plan loan offset amount, paragraph (1) shall not apply to any transfer of such amount made after the due date (including extensions) for filing the return of tax for the taxable year in which such amount is treated as distributed from a qualified employer plan." Operationally: at separation, the plan offsets your unpaid loan balance and reports it on Form 1099-R. You then have until April 15 of the following year (October 15 with extensions) to deposit funds equal to the offset amount into a rollover IRA — the funds can come from any source, not just the 401(k) distribution. The QPLO category applies only when the offset is triggered by severance from employment or plan termination, not by garden-variety loan default. Consult a tax advisor before relying on the QPLO mechanism for a non-trivial offset amount.

Does the Roth IRA 5-year clock restart when I roll my Roth 401(k)?

Generally yes — the five-year holding period for qualified-distribution treatment under 26 U.S.C. § 408A(d)(2) is calculated separately at the Roth IRA level, not carried over from the Roth 401(k). The Treasury Regulation at 26 CFR § 1.408A-10 addresses the rollover of designated Roth contributions to Roth IRAs and provides that the receiving Roth IRA's own five-year clock applies for purposes of determining whether a distribution is qualified. Practical implication: a participant with a 10-year-old Roth 401(k) who rolls the balance to a newly opened Roth IRA does not bring the 10-year clock with them; if the Roth IRA is brand-new, the five-year clock starts fresh on the rollover. If the participant already has an established Roth IRA that has been open for five or more years, the rollover lands inside the existing clock and is immediately eligible for qualified-distribution treatment (subject to age 59½ or another qualifying event). Contributions (basis) inside any Roth IRA can always be withdrawn tax-free and penalty-free regardless of the five-year clock.

Can I roll my 401(k) to a Roth IRA at separation (Roth conversion)?

Yes, but it's a taxable event. Rolling pre-tax 401(k) money to a Roth IRA is a "Roth conversion" under 26 U.S.C. § 408A(e), and the converted amount is included in your gross income for the year of conversion. The conversion is not subject to the 10% early-withdrawal penalty under § 72(t) (the penalty exception in § 408A(d)(3)(A)(ii) applies), but the converted amount is taxed at ordinary income rates plus California ordinary income tax for California residents. The decision typically makes sense when your current-year income is unusually low (e.g., during a gap year after a layoff with limited unemployment income) and your expected retirement-year tax bracket is higher than the conversion-year bracket. Conversions are subject to a separate five-year clock under § 408A(d)(2)(B) for purposes of avoiding the 10% penalty on early withdrawal of the converted amount. This is a multi-variable tax-planning decision; consult a tax advisor or financial planner before initiating a large Roth conversion.

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