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Plan Balance as Collateral


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Guest jgarner
Posted

Is it legal for a Participant to use their vested plan balance from a 401a Defined Contribution Plan as collateral on a promissory note?

Posted

Government plans are not subject to ERISA or section 401(a)(13), but who would take the collateral? There is a good chance that state law makes the plan benefit nonassignable, or the plan might not recognize the assignment.

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