Roth 401(k) and Hardship Distribution

[52626]

Participant makes both pre tax and Roth 401k contributions. The participant took a Hardship Distribution ( from pre tax account). Payroll Company stopped the pre tax deferral, but continued to withhold the Roth Deferral.

to me a deferral is a derferral is a deferral. Therefore if a participant takes a hardship all deferrals ( pre and Roth) stop for the 6 month suspension.

do you agree??

[Tom Poje]

agree the regs are quite clear

1.401(k)-1(d)(3)(iv)(E)(2)

the employee is prohibited...from making elective contributions and employee contributions to the plan and all other plans maintained by the employer for at least 6 months

so, how does a Roth get taken out of a paycheck unless a person 'elects' to have it done (hence the term elective contribution)?