A recordkeeper has me so confused over the calculation of the maximum loan amount. I do not agree with their methodology and would like some clarification.
1. Does the $50,000 loan limit only apply in the case where the participant has a vested account balance over $100,000?
2. What is considered the highest outstanding balance of loans during the last 1 year period? Would that be the one day in a 365 period in which the participant had their highest loan balance or if they had 3 loans in a one year period are you looking at the highest balance of each loan in that 1 year period?
Participant has 2 outstanding loans as of 11-05-17, say loan 1 and 2. The balance of both at that point in time was $32,000. In April 2018, participant pays off loan 1 and take another loan (3) for $14,000. Current vested account balance including the loans is $72,000. Current outstanding loan balance of loan 1 and 3 is $29,000.
The recordkeeper is saying that all 3 loans should be taken into consideration in determining the highest outstanding balance by adding the balance of loans 1 and 2 from a year ago and the loan from April, so $32,000+$14,000 = $46,000
Participant wants to refinance loan 3 as the plan only permits the participant to have 2 loans outstanding at a time. We are arguing over what is available, if any, for the participant to get as additional loan funds.