non hardship in service dist of 401(k) deferrals

[betheeg]

A participant that is older than 59 1/2 wants to take a non hardship in service distribution of his 401(k) deferrals. Is this allowed even though the plan does not allow for in service distributions?

I always thought that the plan needed to specifically state if it allows in service at a stated age but i am getting conflicting info that you are entitled to 401(k) deferrals "automatically" at age 59 1/2.

Thanks in advance.

[rcline46]

The document must provide for in service withdrawals. The law only says that you cannot take deferrals as an in service distribution prior to 59 1/2. The plan must permit them after 59 1/2.

[betheeg]

Thank you for confirming!