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DR

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  1. "If the participant is not eligible for a distribution under the terms of the plan, a distribution would be grounds for disqualification (failure to follow plan terms) and the fiduciary could have liability (same reason)." Being eligible for a distribution and defaulting on a loan are not exactly the same thing (unless, as previously mentioned, a loan was taken and not a single payment was made) I found myself in a situation where I had to default on my loan that I had been paying for three years. I simply asked my payroll person to stop withholding payments and it was done immediately and without question. I figured I would be given a scolding but they spared me that, perhaps because I was upfront about my understanding of the consequences of such. I also read my loan paperwork which explicitly stated that I could revoke permission to withhold funds.
  2. I'm probably asking a stupid question but indulge me. What is the risk to the plan in the employee opts to take the money as a distribution? Thanks!
  3. I realize the law is the law but this comment makes it sound like the employee is trying to get off easy.....but it's money they earned and it is they who suffer the consequences if they choose not to pay back to the loan.
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