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Revoking a loan policy


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Guest Pat Metallic
Posted

In a 401(k) plan with a loan provision and policy that is being utilized by participants, can an employer revoke that loan policy? In order to cut down on administration and expenses, the employer would like to disallow future loans while allowing existing loans to be repaid according to the amort schedules.

Posted

IRS Reg 1.411(d)-4, Q&A-1, subsection (d) lists examples of items that are not 411(d)(6) protected benefits:

..."(4) the availability of loans (other than the distribution of an employee's accreud benefit upon default under a loan)..."

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

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