Hardship for Tuition.

[FundeK]

Treas. Reg 1.401(k)-1(d)(2)(iv)(3) states that one of the deemed hardship standards is for the

payment of tuition, related educational fees, and room and board expenses, for the next 12 months of post-secondary education for the employee, employee's spouse, children, or dependants (as defined in section 152).

Does this mean that if a participant submits a past due bill for college expenses, it is not a qualifying hardship because it is not for the payment of tuition for the next 12 months?

[chris]

Maybe the "next twelve months" language is there so a participant cannot reimburse him/herself for tuition he/she paid in the past and thus the language helps to ensure that it is a due and payable expenditure and thus a hardship......?