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Repayment of Loan Upon Termination


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Guest MicheleCaldwell
Posted

The plan document provides that loans are payable upon termination of employment. However, neither the document or loan policy defines the time for repayment. What is a reasonable time frame for allowing a participant to repay the loan in full upon termination of employment. I don't think the cure period applies to termination.

Is it reasonable to give the participant until the next payroll when their payroll withholding would have occurred?

Posted

I believe the ERISA Outline book says that 30 days is reasonable. Even though the cure period doesn't apply, we typically allow about that much time for repayment. I would reccommend having an internal policy (perferrably in writing) and applying it consistently.

Posted

You should also check the Promissory Note to confirm there is no time frame for default after termination.

I am curious, if you have no guidance regarding when the loan is to be defaulted, why do you think the cure period permitted for other loans does not apply ?

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