30Rock Posted April 25, 2014 Posted April 25, 2014 The plan has to distribute the excess deferrals made during the 6 month hardship suspension. Under ERISA Outline Book, federal tax withholding under 3405 applies, but not the 20% mandatory withholding. So the 10% withholding would apply. My question is do we need to give the notice and election to the participant to elect our of 10% since this is not really a non-periodic payment, it is a corrective distribution. Thanks!
BG5150 Posted April 25, 2014 Posted April 25, 2014 I would think that withholding is optional, with a default of 10% absent an election. QKA, QPA, CPC, ERPATwo wrongs don't make a right, but three rights make a left.
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