Right of participant

[Guest Kemily]

Where in the regs does it state that a participants balance is not assignable,assignable, alienable, or subject to garnishment, attachments, executions, or levy of any kind.

Thanks for your answer

[R. Butler]

The antiassignment rules are found in IRC §401(a)(13), Treas. Reg. §1.401(a)-13 and ERISA §206(d).

[Guest Bob K]

401(a)(13)

[billfgrady]

Despite 401(a)(13) doesn't the IRS have the right to levy on the interest anyway and, when a participant has an immediate right (i.e., has reached early retirement date) to the principal of the account?

[mbozek]

Yes See reg 1.401(a)-13(b)(2).

[Guest Kemily]

Therefore, when someone is going through bankrupcty, they can't be forced to take out their 401k money, right?

[Guest JCatt]

See Patterson vs. Shumate, 1992.