In Service Distribution

I hate when I am asked this question.  A participant wants to take a distribution.  He is only 58 so he will be hit with a pre-mature dist penalty (1099-R code premature).  But simple question... if the doc allows for in-service distributions is there any reason he can't?  

Is it 401(k) money? If so I sincerely doubt that the plan allows in-service withdrawals prior to age 59½, unless there is a hardship or some other special circumstance.

If it's rollover money, or seasoned employer contributions (not safe harbor), then go ahead—plan doc permitting of course.