Jeff Kirtner Posted July 3, 2003 Posted July 3, 2003 A particular participant (an NHCE) is experiencing a financial hardship. The 401(k) plan does not allow hardship distributions. Can the employer amend the plan to allow only this single participant to receive a hardship distribution?
g8r Posted July 3, 2003 Posted July 3, 2003 Since it is an NHCE, I can't think of anything in the Code that would prevent it. I don't know if there would be any ERISA fiduciary concerns on this.
maverick Posted July 3, 2003 Posted July 3, 2003 So the next time a NHCE has a hardship you're going to amend the plan again? Why not just amend the plan to allow hardships and be done with it?
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