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Compensation and 401k Loans


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Guest Amanda Davis
Posted

Our plan has a rule that states that monthly loan repayments cannot exceed 20% of gross monthly earnings. This is above and beyond the rules regarding maximum loan amounts (i.e. $50K or 50%).

We're looking at amending our loan regs and I just wanted to make sure that before we got rid of the 20% rule that I'm not violating any regs.

Any input?

Posted

The 20% rule might have caused you problems if there was discrimination in favor of HCE. That is, an HCE would be able to get a "larger" loan than a non-HCE because of the repayment restrictions.

Removing the limitation does not run afoul of any rules I'm aware of. In fact, I would recommend not having any such limitation.

Jim Geld

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