Post-Secondary Education

[Guest slt]

Does anyone know what "post-secondary" education means for purposes of the hardship distribution requirements under the Code? There appears to be nothing in the Code or the legislative history. What is the general practice? Thanks.

-Shaun

[Dave Baker]

I would guess it means anything after high school.

[Guest slt]

Luckily, the IRS was able to give me answer. I was told that the IRS would not have a problem if I relied on the definition of "eligible educational institution" in IRS Publication 970. That publication provides that an eligible educational institution is any accredited college, university, vocational school, or other accredited postsecondary educational institution eligible to participate in a student aid program administered by the Department of Education.

The good thing is that, according to the Publication, the educational institution should be able to tell you if it is an eligible educational institution. This lifts the burden from the plan administrator of determining what really is an eligible educational institution.

-slt