The decision with a 20% price tag on the wrong answer

How Is My FRS DROP Lump Sum Taxed?

Your DROP accumulation is pre-tax money, so it is taxable as ordinary income when it is paid to you. Two mechanics decide what you actually keep: the FRS withholds 20% on a lump sum paid to you — even if you roll it over within 60 days — and if you are under 59½, the 10% additional tax turns on whether you qualify for an exception that a rollover into the wrong account destroys.

Five years of deferred pay arrives in one month. Nearly every costly mistake with it is a sequencing mistake, not an investment mistake.

The 20% is withheld whether or not you roll it over

This is the detail that ruins 60-day rollovers, and the FRS tax notice states it directly. For a lump sum election, the FRS withholds 20% withholding tax, and that withholding applies even if you intend to roll the money into an eligible plan within 60 days. A direct rollover is withheld at 0%.

What that does to a 60-day rollover

Say your DROP accumulation is $250,000 and you take it as a lump sum intending to roll it over yourself. You receive $200,000; $50,000 goes to the IRS as withholding. To complete a full rollover you must deposit $250,000 within 60 days — which means finding $50,000 from somewhere else, because the IRS is holding yours until you file. Roll over only the $200,000 you received and the missing $50,000 is a taxable distribution, plus the 10% additional tax if no exception applies.

A direct rollover avoids the problem entirely. The money moves from the plan to the receiving custodian without passing through your hands, and nothing is withheld. The FRS form for this is DP-PAYT, and a lump sum and a direct rollover are different boxes on it.

You can also split the election — take a partial lump sum and direct-roll the rest. The FRS states that the partial lump sum portion will have 20% withheld. That is usually the right structure for someone who needs some cash now: take only what you need as cash and roll the rest, rather than taking all of it and trying to put most of it back.

Withholding is not your tax bill

The 20% is a down payment, not a settlement. A large DROP distribution can push a year's income well above your normal bracket, and 20% may be nowhere near enough.

The reverse is also possible. If you separate mid-year and the DROP payment is most of your taxable income for a year with no salary, 20% may be more than you owe, and the difference comes back as a refund you will not see until the following spring.

Either way, the figure withheld tells you nothing about what you owe. The year you exit DROP is the year to run actual projected numbers rather than assume the withholding has handled it.

The 10% additional tax, and the exception a rollover can destroy

If you are under 59½, a distribution from the plan is generally subject to a 10% additional tax unless an exception applies. The FRS tax notice lists the two that matter to a firefighter: payments after you separate from service if you will be at least age 55 when you separate, and, for public safety employees, if you are at least age 50 when you separate.

The age-50 public safety exception is the one that makes an early fire service retirement work. It applies to qualified-plan money, which is what your DROP accumulation is.

It does not survive a rollover to an IRA

The IRS table of exceptions to the early-distribution tax shows the separation-from-service exception — including the age-50 rule for public safety employees of a state or political subdivision — as available for qualified plans and not available for IRAs, SEPs, SIMPLE IRAs or SARSEPs. Roll your DROP into a traditional IRA at 52 and withdraw from it at 54, and you have moved the money from an account where the exception applied into one where it does not.

The FRS notice puts the general principle plainly: a rolled-over amount becomes subject to the receiving plan's tax rules. Your DROP money does not carry its treatment with it. It adopts the treatment of wherever you put it.

Where the money can go

Three destinations, and the choice is not only about investment options.

Destination Withholding Age-50 exception
Lump sum paid to you 20% withheld Applies — if you separated at 50 or later as a public safety employee
Direct rollover into the FRS Investment Plan None Remains plan money, so the qualified-plan exception is still in the picture
Direct rollover into a traditional IRA None Not available. The exception does not apply to IRAs

The FRS Investment Plan route is the one most people have never heard of. The FRS states that you are eligible to roll over some or all of your accumulated DROP benefits into the Investment Plan, and that later distribution choices there include periodic payments, lump sums, rollovers and guaranteed lifetime monthly income.

None of this makes the Investment Plan the right destination. It makes it a destination that belongs in the comparison, because keeping the money inside a qualified plan is the only way to preserve the age-50 exception while still moving it out of DROP.

The sequence that costs the most

Here is the mistake, in order, because it is almost always done in this order and with good intentions.

Nothing in that sequence is reckless. Each step is the normal advice. The loss comes from the combination, and from the fact that the exception is attached to the account type rather than to you.

What to do before you sign anything

Work out how much of the money you are likely to need before 59½, and keep that portion somewhere the exception still reaches — whether that is cash now, a partial lump sum, or a qualified plan rather than an IRA. Roll the rest. The order of these decisions is worth more than the investment selection inside them.

Common questions

How is my FRS DROP lump sum taxed?

A DROP accumulation is pre-tax money and is taxable as ordinary income in the year it is paid to you. The FRS tax notice states that for a lump sum election the FRS will withhold 20 percent withholding tax. If you are under 59 and a half, an additional 10 percent early distribution tax may also apply unless an exception is available.

Is 20% withheld even if I roll my DROP over?

Yes, if the money is paid to you first. The FRS tax notice states that the 20 percent withholding applies to a lump sum election even if you roll the money into an eligible plan within 60 days. A direct rollover, where the money goes from the plan straight to the receiving custodian, has 0 percent withholding by default.

What happens if I only roll over what I received after withholding?

The amount withheld and not replaced is treated as a taxable distribution. To complete a full 60-day rollover you have to deposit the gross amount, including the 20 percent the plan sent to the IRS, which means replacing it from other funds until you file and recover it.

Do I pay the 10% early withdrawal penalty on my DROP money?

Not if an exception applies. The FRS tax notice lists an exception for payments after you separate from service if you will be at least age 55 when you separate, and, for public safety employees, if you are at least age 50 when you separate. Without an exception, a distribution before age 59 and a half is generally subject to the 10 percent additional tax.

Does the age-50 public safety exception still apply if I roll my DROP into an IRA?

No. The IRS table of exceptions shows the separation-from-service exception, including the age-50 rule for public safety employees of a state or political subdivision, as available for qualified plans and not available for IRAs, SEPs, SIMPLE IRAs or SARSEPs. The FRS notice also states that a rolled-over amount becomes subject to the receiving plan's tax rules.

Can I roll my DROP into the FRS Investment Plan?

Yes. The FRS states that you are eligible to roll over some or all of your accumulated DROP benefits into the FRS Investment Plan, with later distribution options including periodic payments, lump sums, rollovers and guaranteed lifetime monthly income. The forms are DP-PAYT, IPDROP-AD-1 and IPBEN-1, and they are submitted to the Investment Plan Administrator rather than the Division of Retirement.

Can I take part of my DROP as cash and roll the rest over?

Yes. The FRS allows a partial lump sum with the remainder rolled over to one or more custodians, and states that the partial lump sum amount will have 20 percent withheld for taxes. For someone who needs some cash immediately, taking only what is needed and direct-rolling the rest avoids withholding on the portion being rolled.

When will my DROP rollover actually be funded?

The FRS states that rolled funds arrive no sooner than the calendar month following your termination date. Rollover material is generally sent about three months before your DROP end date, and the FRS advises submitting the forms as soon as possible.

Official resources

This material is for general educational and informational purposes only. It is not individualized investment, insurance, legal, tax or Florida Retirement System advice.

Withholding rates, early-distribution exceptions, rollover procedures, forms and deadlines are set by federal tax law and by the Florida Retirement System and can change. Nothing here is tax advice or a recommendation to take, roll over or defer a distribution. Confirm your own situation with a qualified tax professional and with the Florida Retirement System before you elect.

Mark Buckley is not affiliated with, endorsed by, or acting on behalf of the Florida Retirement System, the Florida Department of Management Services, the Internal Revenue Service, the Social Security Administration or any municipal pension board.

Investing involves risk, including possible loss of principal.