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Guest Amy Marie
Posted

Companies A, B & C form a controlled group. A & B sponsor one 401(k) plan and C sponsors a separate 401(k) plan. Participant Doe worked for C and has a large account balance in C's plan ($45,000). He was recently transferred to Company A and is now contributing to A & B's plan (Account balance = $1,500). Doe has requested a loan from Company C's plan. The plan document only allows for loans to be repaid via payroll deduction (checks are only permitted for prepayment). He is no longer receiving a pay check from Company C. He is only being paid by Company A. Can he take a loan from Company C's plan if he cannot repay it using compensation from Company C? Would he be able to transfer his account balance from Company C's plan to A & B's plan? (He has not incurred a distributable event. He only terminated employment w/ Company C but he's still employed within the controlled group.)

Thoughts?

Posted

Transfers are possible with appropriate plan terms. Certain rules govern transfers, including fiing with the IRS in advance under certain circumstances (uncommon for defined contribution plans).

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