hardship withdrawal for inmate

[Guest cc1898]

I'm currently researching what the term "principal residence" may be defined as with respect to a hardship withdrawal. A participant is currently incarcerated and as a result, his spouse's home is being threatened with foreclosure.

There's a concern that intrepreting the term too broadly may allow others to request withdrawals that might violate the plan. Such as, if principal residence is the residence which you return to each day, etc. then the correctional facility would be it. However, I have come across case law which says that because it is not voluntary, for purposes of diversity at least, the correctional facility is not the residence. Any help would be appreciated.

[JanetM]

If he is in jail it would seem that he is a terminated participant and eligible for distirbution. Why go with hardship?

[Guest cc1898]

If he is in jail it would seem that he is a terminated participant and eligible for distirbution. Why go with hardship?

He's not considered terminated by the terms of the plan. This is a multiemployer fund.

[Guest Pensions in Paradise]

I'm confused. So he's considered to be on a leave of absence?

[BG5150]

...could be "inactive", employed but not drawing a salary.

[Guest cc1898]

I'm confused. So he's considered to be on a leave of absence?

I'm not sure of the details. Presumably, because his craft allows him to work mostly seasonally, he has enough credits to still be considered a participant.