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Hardship withdrawal


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Guest Ed Walker
Posted

Employee took a hardship withdrawal under the safe harbor rules in December of 2001. The employer did not stop 401(k) withholding until the second week of January. Total 401(k) deposit for the 5 weeks about $100.00

The fact that the employer didnot stop withholding immediately upon the withdrawal is a violation of the safe harbor rules but it was short term and stoped as soon as discovered.---

Do I need to give the $100 back as an corrective distribution??

Or can we go on the basis that he was shut off for 6 months even though it started a month late?

What do you think??

Posted

Ed, I have a couple plans that always seem to take a couple weeks to get the deferrals stopped. I have them stop the deferrals for 6 months and leave it at that.

Say hi to Brett.

Tom M (aka Maverick)

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