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A distribution is made to an 'alternate payee' under a Qualified Domestic Relations Order (QDRO) from a spouse's ERISA-qualified 401(k) plan.

Which tax consequence is unique to this transaction?

  1. The participant spouse retains the tax liability for the distribution even if the funds are paid to the alternate payee.
  2. The distribution is entirely tax-free if rolled over to a Roth IRA within 30 days.
  3. The same penalty-free treatment applies to distributions from an IRA divided incident to divorce.
  4. The distribution is exempt from the 10% early withdrawal penalty, even if the payee is under age 59.5.

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