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Outstanding Loan When Terminated and then Rehired


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Guest benefitsanalyst
Posted

If an employee has an outstatnding loan when they separate from service and then are rehired 45 days later, can they continue making payments on the loan and avoid it going into default?

Posted

I'm assuming that your loan policy says that loan defaults upon termination. Also assuming that it says (or your standard practice is) that they have 30 days to repay after termination.

Given my assumptions, I don't think that they can. Open to any other opinions though. I'm like you. I would like to find a way to reinstate for participants, especially since it is within the 3 month default period. But, I honestly don't think that it can happen.

Posted
If an employee has an outstatnding loan when they separate from service and then are rehired 45 days later, can they continue making payments on the loan and avoid it going into default?

Given the closeness of the date of re-hire after separation from service, was the re-hire prearranged?

Were any other plan benefits distributed to this EE?

John Simmons

johnsimmonslaw@gmail.com

Note to Readers: For you, I'm a stranger posting on a bulletin board. Posts here should not be given the same weight as personalized advice from a professional who knows or can learn all the facts of your situation.

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