BTG Posted Monday at 08:26 PM Posted Monday at 08:26 PM A 401(k) participant requested a hardship under 1.401(k)-1(d)(3)(ii)(B)(6), relating to the "repair" of the participant's principal residence, for costs associated with the removal of a tree that posed a danger of falling on the participant's residence (but had not actually fallen yet). From a practical, policy perspective, I understand that it makes sense for the participant to take the tree down before it actually falls on the house. However, I don't think this would qualify as a casualty loss under 165, and therefore wouldn't qualify as a "repair" eligible for hardship. (See, e.g., Rev. Rul. 76-134.) Do you all agree? Other thoughts? (As an aside, I realize that SECURE 2.0 permits self-certification, but in this case the participant volunteered the information, so the plan sponsor has actual knowledge.)
mming Posted Tuesday at 07:19 PM Posted Tuesday at 07:19 PM IMO it would not qualify as a casualty loss.
PensionPete Posted yesterday at 01:54 AM Posted yesterday at 01:54 AM I agree - I believe it's not a preventive hardship w/d option, but only for actual damage. Your last sentence, though, was the key.
Peter Gulia Posted yesterday at 04:15 PM Posted yesterday at 04:15 PM Does the plan provide a § 72(t)(2)(I) emergency personal expense distribution? If not, might the plan sponsor consider an in-operation amendment (to be included in a SECURE 2019 & 2022 restatement)? The standard for an “emergency personal expense” is wider than for a hardship. A participant may certify that the claimed distribution is “for purposes of meeting unforeseeable or immediate financial needs relating to necessary personal or family emergency expenses.” I.R.C. (26 U.S.C.) § 72(t)(2)(I)(iv). Although the $1,000 an emergency personal expense distribution might provide might meet only a portion of a tree-removal expense, $1,000 might be more useful than $0. Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com
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