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Hardship Suspensions


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Guest kmathis
Posted

Hello.

I have 2 employees who have taken hardship withdrawals and while on suspension have taken a second hardship withdrawal. Do I tack another 6 months on the end of the first 6 month suspension period (i.e., suspend contributions for a year), or can I start the 6 months over at the point of the second withdrawal? If there is IRS guidance on this issue, I'd love to know where to find it.

Thanks!

Posted

The prohibited deferral period begins "after the receipt of the hardship distribution".

See 1.401(k)-1(d)(3)(iv)(E)(2).

...but then again, What Do I Know?

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