t.haley Posted April 8, 2021 Posted April 8, 2021 401k plan currently allows for in-service distribution of rollover accounts only (i.e., plan states that distribution of "Rollover Account" maybe made at any time but no other in-service distributions are allowed other than hardship distributions). Plan sponsor did not intend to allow in-service distributions of any amounts, including rollovers, and wants to eliminate this going forward. Any anti-cut back issues?
BG5150 Posted April 8, 2021 Posted April 8, 2021 I believe you can eliminate it prospectively. That is, r/o money in the plan now (and the future earnings thereon) is protected. But any r/o money coming in after amendment date can be restricted. Luke Bailey 1 QKA, QPA, CPC, ERPATwo wrongs don't make a right, but three rights make a left.
Bill Presson Posted April 8, 2021 Posted April 8, 2021 I want to caution you on doing that, however. If a participant has rollover money in an IRA, there's likely 0% chance they will roll money into the plan if they are then restricted from all access to that money until termination, death or disability. Luke Bailey 1 William C. Presson, ERPA, QPA, QKA bill.presson@gmail.com C 205.994.4070
t.haley Posted April 8, 2021 Author Posted April 8, 2021 Thank you for your replies. Client is aksing whether these distributions are handled just like any other distribution - i.e., if prior to 59 1/2 subject to early withdrawal penalty, special tax notice, etc.?
BG5150 Posted April 8, 2021 Posted April 8, 2021 Yes they are. Mike Preston 1 QKA, QPA, CPC, ERPATwo wrongs don't make a right, but three rights make a left.
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