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Any limit imposed by the regs or code on the amount of a hardhsip dist


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Posted

two things:

1) is there any limitation imposed by the regs or code on the amount of a hardhsip distribution? I am aware of the restrictions for the purpose and on earnings but i dont see any amount restriction?

2) does anyone know where i can get a sample hardship distribution form taking into account the 1999 law changes?

Posted

For 401(k) plans there are only 2 limitations I am aware of:

1. Generally can't exceed amount of elective deferral contributions made to the plan. (Small exception for earnings earned way back when)

2. Can't exceed the amount of the need.

I am not aware of any specific dollar amount limit.

Posted

I believe the amount of hardship can also include the amount of withholding that might be taken on the match and profit sharing.

Posted

Be sure to read the document. Some plans may limit hardship distributions to elective contributions only; others will limit it to elective and rollover only; or it may allow hardships from all sources.

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