Congressional Authorization of Loans (401k/404c)

[Guest TrustButVerify]

What was the year in which loans by Plan Participants against their plan accounts was authorized by Congress (giving rise to Internal Revenue Code Section 72p and the like)?

Did loans first get authorized against defined benefit plans, or was the public law first applied to all pensions (defined contribution & defined benefit).

The name or number of the specific public law would be very much appreciated.

Also, what is the earliest date your 401k/404c began offering loans?

Many thanks.

-TrustButVerify

[jpod]

I won't look up any dates for you, but here it goes.

Tax-qualified plans have allowed loans for decades.

As a result of ERISA's enactment in 1974, a participant loan is in the first instance a prohibited transaction, but it is eligible for the statutory exemption in Section 408(b) of ERISA and Section 4975(_)(_) of the Internal Revenue Code, provided that the conditions for that exemption are satisfied (and it is rare that they are not satisfied).

I think Section 72(p) was added in 1982 in TEFRA. Section 72(p) doesn't "authorize" anything. Section 72(p) is a limiting provision that sets forth conditions under which a loan will NOT be treated as a taxable distribution.

I don't understand the reference to "404©." Please elaborate as to what you mean by "your 404©."