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Posted

I am trying to determine if interest on a 401(k) account is available for someone eligible for a Qualified Reservist Distribution.  Our document language (which mirrors what I am reading in the Code) says that the distribution may be taken from "amounts attributable to elective deferrals described in Code §402(g)(3)(A)…"

So my question is - does that mean the whole 401(k) deferral account can be withdrawn, including earnings?  I don't see anything specifically prohibiting earnings, but I am not entirely sure if "amounts attributable..." is only referring to contributions?

Thanks!

Posted

AKconsult, the "attributable to" phrase when used by the Code and regs in the context of account-based plans always means the contribution and earnings on those contributions (and earnings on the earnings on the contributions, etc.). In otherwords, the tree and all its branches and fruit.

Luke Bailey

Senior Counsel

Clark Hill PLC

214-651-4572 (O) | LBailey@clarkhill.com

2600 Dallas Parkway Suite 600

Frisco, TX 75034

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