rocknrolls2 Posted November 6, 2000 Posted November 6, 2000 Plan A is being merged into Plan B at the end of calendar year 2000. Plan A's loan policy provides that participants may continue repaying loans after terminating employment or retiring by bank draft. Plan B's loan policy requires full repayment within 60 days after termination or retirement. Can participants with outstanding Plan B loans be required to repay the loan balance at termination of employment or retirement?
QDROphile Posted November 7, 2000 Posted November 7, 2000 A loan is a contract. The terms of the contract control. Most contracts do not allow one party to make unilateral changes. If I borrowed under terms that expressly provided that the loan would not accelerate at termination of employment as long as I kept paying by check, I would expect to be able to make the terms stick.
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