Guest padmin Posted July 14, 2011 Posted July 14, 2011 Employer sponsors both a 403(b) and profit sharing plan. Balances are as follows: 403(b) 19,000 profit shairng 1,000 total 20,000 It seems as though the participant can take a 10,000 loan from the 403(b) even though that will exceed 50% of the balance in that plan. Is this correct, how do we assign the extra 1,000 as security? Any help would be appreciated
ETA Consulting LLC Posted July 14, 2011 Posted July 14, 2011 Under 72(p) yes. However, under the written plan terms (probably not). While 72(p) allows for a $10,000 loan when the vested balance isn't 10K, additional security must be picked up from outside the plan (where the $1,000 from the other plan would not appear to maintain the prohibited transaction exemption). Hence, each plan is likely restricted (under plan terms) to a limit of 50% of the vested account balance in that plan. Good Luck! CPC, QPA, QKA, TGPC, ERPA
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