JAS76 Posted November 5, 2020 Posted November 5, 2020 Let's say a participant separates service, leaving behind a $15,000 balance, of which $5,000 is an unpaid loan. After the loan policy's prescribed time for repayment passes, can that loan be offset immediately if the plan document only allows for lump-sum distributions to terminated participants and there has been no request from the participant for a termination distribution? I didn't want to add a ton of hypothetical detail to muddy the waters. I apologize if there's not enough here of if this question has been previously discussed. Does a loan offset count as a distribution such that it can't happen on its own if a plan document only allows lump-sum distributions? Thanks.
Luke Bailey Posted November 5, 2020 Posted November 5, 2020 JAS76, if the loan documentation (plan or loan policy provisions, promissory note, security agreement, whatever) states that after acceleration and failure to pay by a certain deadline the plan may foreclose on its security interest, then yes, that can occur in the case of a separated participant and is a distribution for federal income tax purposes. hr for me 1 Luke Bailey Senior Counsel Clark Hill PLC 214-651-4572 (O) | LBailey@clarkhill.com 2600 Dallas Parkway Suite 600 Frisco, TX 75034
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