Rollover Eligible for Hardship Withdrawal?

[Guest ELS]

I have an S Corp owner/employee who wants to get money out of his 401(k) plan. Obviously, he cannot take a loan. However, the plan does allow for hardship withdrawals. He has a sizeable amount he rolled into the current plan from a previous employer, and I am curious as to whether he may withdraw his rollover funds as part of the hardship withdrawal. Thanks!

[MWeddell]

Rollover contributions (and related investment earnings) can be withdrawn at any time if the plan document so provides. You'll need to read your plan document to answer this question.

[Guest ELS]

The document does not allow for the withdrawal of rollover money at any time. In this situation, is the rollover money eligible to be withdrawn as a hardship withdrawal? I can find nothing that specifically includes or excludes this source of money.

[Guest shafter]

While working for a former employer, we asked what part of the rollover was EE contributions. We advised them with this information, any EE contributions in the rollover would then be eligible for hardship. Without this information, no part of the rollover would be eligible for hardship. Sorry, I cannot quote IRS cites this was based on.

[R. Butler]

As previously mentioned you probably need to look to the document. The document should specify which sources can be used for a hardship withdrawal and also when a hardship withdrawal is available. Remember, even hardships are permitted under the document, the document probably specifies what qualifies as a hardship.