Final 401(k) 401(m) Amendments

[Guest bouncingsoul]

I know I may not be in the right area here but I couldn't find anything for Profit Sharing only plans. I have someone saying that if a Profit Sharing plan has the ability to take Hardships than they must be amended for the final 401(k) 401(m) amendments. My question is...how could a Profit Sharing plan have the ability to take Hardships? Aren't hardships only available from elective deferrals? Would hardships impact whether or not the final 401(k)/401(m) amendment would be needed?

[Jim Chad]

I need to say it differently to be sure I understand. 401(k) deferrals can not be used for in-service-withdrawals except for a few conditions such as over age 59 1/2 or hardship.

Profit sharing can have in service withdrawals and any age. Are you trying to limit in service withdrawals to hardships only?