Guest Ed Walker Posted April 7, 2003 Posted April 7, 2003 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??
maverick Posted April 7, 2003 Posted April 7, 2003 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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