Pre-mature 401(k) withdrawal

[rcline46]

NRA is 55, participant is 57 and still working. Plan allows in-service withdrawals at NRA.

Plan is a 401(k) and participant wants in-service of deferrals/QNEC/QMAC/Safe Harbor accounts.

Participant is insisting he can take the in-service, and I maintain he cannot because he is not 59 1/2. Who is correct?

Of course it is the owner and he is being adamant.

[Belgarath]

You are. I'll also guess that the plan doesn't really provide for such distributions - somewhere in the plan it'll probably say "notwithstanding the in-service distribution provisions" or something that makes it clear that such distributions aren't permissible.

[rcline46]

Sorry for the double posting. I get a multitude of errors when entering a new topic or responding to a topic.