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Eligible for Loan?


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Posted

We have an employee who has rolloved over his money into our company 401(k) Plan and now wants to take out a loan. However, he is not a "participant" yet of our Plan because he has not completed a year of service with the company. May we still give him a loan since this money was rolled over by him into our Plan? (Our Plan states that a Participant may ask for a loan but defines a "Participant" as an employee who completes a year of service.) Thanks.

Posted

Interesting. learn something new everyday.

such a person is deemed to be a 'limited participant'

see rev ruling 96-48

(if you go to the benefits board on the left hand side, under

source documents

internal revenue service

rev rulings

1996 rev rulings you can find it.

according to the ERSIA Outline Book such a person is presumably a participant for ERISA purposes. As such, he should be eligible for a loan.(though excluded from coverage,etc)

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