alexa Posted March 17, 2004 Posted March 17, 2004 A terminated ptp has an outstanding loan Our plan basicalky requires the loan to be paid in full upon termination. Ptp wants to leave her cash balance in the plan. If she does not repay the loan (our plan has a cure period of quarter following date last payment made), can we deem the loan a distribution? If yes, do we add acrued interest from the date of last payment until end of cure period Our recordkeeper is saying we cannot default a terminated ptp's loan, only an active employee Can we allow her to leave loan in plan (accruing interest) until she takes final distributino of her cash account (this could be a year or more)?
FundeK Posted March 17, 2004 Posted March 17, 2004 Does your plan allow the participant's loan to be offset?(which is an actual distribution). Deemed distributions, in my experience, are only for active participants.
alexa Posted March 17, 2004 Author Posted March 17, 2004 yes, the loan procedure says it can be offset The loan is due in full at termination. I assume the ptp still has to agree to the distribution? If not, what's the alternative?
FundeK Posted March 17, 2004 Posted March 17, 2004 No, the participant does not have to consent to distribution. Take a look at your loan policy. Mine states that if the loan is not paid, within a reasonable period of time, after termination, it will be offset against the participant's account. Here is some info from the ERISA Outline book that you might find helpful. Chapter 7: Taxation Rules - Section IX (Participant loans):Part E.3. (Tax and reporting rules for loan offsets) 3.a.1) Direct rollover option does not have to be offered. To the extent of the offset, the plan does not have to offer a direct rollover option pursuant to IRC §401(a)(31). See Treas. Reg. §1.401(a)(31)-1, A-16. In other words, the plan could leave it up to the participant to decide whether to complete the rollover on his own by substituting equivalent cash, as described in 3.a.2) below. Since there is no income tax withholding required on the portion of the distribution that represents the offset (see 3.b. below), the failure to offer a direct rollover option does notwork a hardship on the participant.
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