The 401(k) hardship withdrawal process
Note that there's always a chance your request will be denied.
So yes your employer (or even former employer) can deny your distribution if it does not meet the distribution requirements set forth in the plan documents. You should have a copy of the plan's Summary Plan Description (SPD) which will tell you what sort of limitations are placed on distributions in your plan.
You may be able to take a hardship withdrawal from your 401(k), so long as you have what the IRS describes as an "immediate and heavy financial need." In such cases, you may be allowed withdraw only enough to meet that need, penalty-free, though you will owe income taxes.
File a Complaint: If you believe your old employer is violating ERISA (Employee Retirement Income Security Act) regulations regarding 401(k) rollovers, you can file a complaint with the Department of Labor. Seek Professional Advice: Consider consulting a financial advisor or retirement planning expert.
Opening the Floodgates of Litigation: The United States Supreme Court Rules That Individuals May Sue Their Employers For Mishandling 401K Retirement Plans.
The short answer is yes — if you make a 401(k) withdrawal, your employer will know.
What Proof Do You Need for a Hardship Withdrawal? You must provide adequate documentation as proof of your hardship withdrawal. 2 Depending on the circumstance, this can include invoices from a funeral home or university, insurance or hospital bills, bank statements, and escrow payments.
You can do a 401(k) withdrawal while you're still employed at the company that sponsors your 401(k), but you can only cash out your 401(k) from previous employers. Learn what do with your 401(k) after changing jobs.
In addition, they may be subject to an additional tax on early distributions of elective contributions. Unlike loans, hardship distributions are not repaid to the plan. Thus, a hardship distribution permanently reduces the employee's account balance under the plan.
Generally speaking, you can't withdraw from a workplace retirement plan until one of the following happens: You leave your job due to death or become disabled. The plan is terminated and isn't replaced by a new one. You reach age 59 ½
New rules make it easier to tap your retirement account for emergency funds. In 2024, you can cash out as much as $1,000 from a traditional 401(k) or IRA to cover an urgent need. And here's a big change: You get to define what counts as an emergency. More Americans are raiding retirement accounts for emergency cash.
The consequences of false hardship withdrawal can range from fines and penalties to tax implications or even jail time. Additionally, lying to an employer can severely hinder your career growth or result in job loss. In other words, if you don't qualify, seek an alternative solution.
Employers may also deny withdrawal requests if they suspect a violation of plan rules or IRS regulations. 401(k) plan rules vary from employer to employer. Withdrawal restrictions may be in place for employees still employed with the company.
Acceptable Documentation
Lost Employment. • Unemployment Compensation Statement. (Note: this satisfies the proof of income requirement as well.) • Termination/Furlough letter from Employer. • Pay stub from previous employer with.
You may need to supply supporting documentation of your hardship, including legal documents, invoices, and bills. Although the IRS does not approve hardship withdrawals from 401(k)s, you may still be audited. So, ensure all your ducks are in a row if you are permitted a 401(k) hardship withdrawal.
Unemployed individuals can receive substantially equal periodic payments (SEPP) from a 401(k). Hardship withdrawals are an option, but individuals under age 59 ½ will need to pay a 10% early withdrawal penalty.
For example, some 401(k) plans may allow a hardship distribution to pay for your, your spouse's, your dependents' or your primary plan beneficiary's: medical expenses, funeral expenses, or. tuition and related educational expenses.
After other borrowing options are ruled out, a 401(k) loan might be an acceptable choice for paying off high-interest debt or covering a necessary expense. But you'll need a disciplined financial plan to repay it on time and avoid penalties.
Hardship distribution for a reason not allowed by the plan
For example, if the plan states hardship distributions can only be made to pay tuition, then the plan can't permit a hardship distribution for any other reason, such as a home purchase.
“Typically, the biggest reasons people withdraw their savings are to cover a bill, to make a purchase, home repairs, for vacations or for birthdays and holidays such as Christmas,” said Arielle Torres, an assistant branch manager at Addition Financial Credit Union. These are all sound reasons to withdraw the funds.
401(k) hardship withdrawal cons
Current-year income tax liability at your marginal rate. Lost opportunity for years, if not decades, of tax-free compounding because you can't repay the money.
You may not get approved: Those nearing retirement may be considered “higher risk” and thus denied a 401(k) loan because payments will no longer automatically come out of their paychecks.
The term "undue hardship" is defined as "significant difficulty or expense" to the employer, determined in light of specific factors listed in the regulations noted below. Examples of these factors include the size, type, and budget of the employer's business or operation and the nature and cost of the accommodation.