PROTECTED BENEFITS

[Guest Don J. Smith]

Are hardships withdrawls a "protected benefit"?

Are Loans a "protected benefit"?

[Richard Anderson]

Neither are protected benefits and can be eliminated.

[MWeddell]

Actually, hardship withdrawals are a 411(d)(6) protected benefit but you may modify or eliminate hardship withdrawal provisions. The effect of this distinction is that while one does have hardship withdrawals in a plan, the plan document has to set forth the conditions instead of leaving it up to employer discretion.