To qualify for a hardship distribution, a 401(k) participant must meet two criteria. First, they must have an “immediate and heavy financial need.” Second, the distribution must be limited to the amount “necessary to satisfy” the financial need.
The Internal Revenue Service allows a 401(k) hardship withdrawal if you have an "immediate and heavy financial need." In these situations, the 10% penalty could be waived. According to the IRS, the following as situations might qualify for a 401(k) hardship withdrawal: Certain medical expenses. Burial or funeral costs.
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.
Documentation Required: Current written statement or notice from landlord, bank, or mortgage company on their letterhead detailing amounts due necessary to prevent the eviction or foreclosure. If written statement from landlord is provided, you must include a copy of the lease agreement.
If you withdraw from your retirement early, you usually have to pay a 10% penalty, plus taxes on the money you take out. There are some exemptions to the early withdrawal penalty. Lying to get a 401(k) hardship withdrawal can result in fines, tax penalties, job loss and even jail time.
The administrator will likely require you to provide evidence of the hardship, such as medical bills or a notice of eviction.
Employers can require proof from the employee of the amount of financial hardship. For example, if you are using a hardship withdrawal to pay your medical bills, your employer may require that you provide those medical bills. To use a hardship withdrawal, you must not have the funds elsewhere to cover the expense.
You may need to share proof of the hardship event and show that you don't have insurance or other assets and can't qualify for a loan before you receive the hardship withdrawal. Your employer may also want to verify that you can't cover the hardship by stopping your 401(k) contributions.
The first step to prove hardship is to show your lender how much income you have and how much you spend on your essential living expenses. You will need to provide copies of your pay stubs, bank statements, tax returns, and bills for utilities, insurance, medical, and other necessities.
Submit supporting documentation.
Provide supporting documents along with your hardship letter to help prove the legitimacy of your claim. Depending on your situation, you might submit documents such as an unemployment notice, medical bills, military orders or a divorce decree.
The Plan Administrator under ERISA, named in the Plan documents and listed in your SPD will need to review and approve your hardship withdrawal, including any supporting documentation they require to substantiate the withdrawal. In most smaller plans, the Plan Administrator is often your Employer.
Under the new rules related to the SECURE 2.0 Act of 2022, employees may state they had emergency expenses that merit a hardship withdrawal. Beginning in 2024, they can take up to $1,000 per year for emergency expenses without incurring the usual 10% early withdrawal penalty.
First, you will not go to jail for taking out hardship withdrawal and use it for something else it was intended for. IRS has different ways to penalize you for taking it. IRS has very strict rules that apply to hardship distributions. And one of the rules is that once you take it out, there's no way to return it.
401(k) loans are not to be confused with 401(k) hardship withdrawals. A hardship withdrawal isn't a loan and doesn't require you to pay back the amount you withdrew from your account. You'll pay income taxes when making a hardship withdrawal and potentially the 10% early withdrawal fee if you withdraw before age 59½.
'Last resort' 401(k) hardship withdrawals rise
Bank of America's recent participant pulse report showed that the number of 401(k) plan participants taking hardship withdrawals was up 13% from the second quarter and 27% compared with the first quarter of the year — with the average withdrawal amount just over $5,000.
A hardship withdrawal is when you take money early from your 401(k) account in response to an immediate, urgent financial need. While early withdrawals (those made before you reach the age of 59.5) normally come with a 10% penalty, this penalty does not apply to hardship withdrawals.
The Hardship Factors
It then sets forth the five most common factors and their impact: family ties, social and cultural issues, economic issues, health conditions and care, and country conditions. It then spells out examples of what hardships might fall within each of the five categories.
Hardship applies to a circumstance in which excessive and painful effort of some kind is required, as enduring acute discomfort from cold, or battling over rough terrain. Privation has particular reference to lack of food, clothing, and other necessities or comforts.
The principle of hardship ("clausula rebus sic stantibus, "Wegfall der Geschäftsgrundlage","frustration of purpose") provides that the continued enforceability of a contract is always subject to the continued existence of those circumstances which prevailed at the time of contracting and which formed the basis for the ...
Please remember: it takes 10-15 business days to process a hardship withdrawal. In addition to the processing time, please allow 1-3 business days to receive the funds electronically and 7-10 days for checks sent via mail.
Disadvantages of a Hardship Withdrawal
The amount that is withdrawn cannot be repaid back into the plan. Hardship withdrawals are subject to income tax and will be reported on the individual's taxable income for the year.
Hardship withdrawals may get even easier to tap in 2023 with the new Secure 2.0 retirement regulations signed into law by President Biden in December. The new rules allow employees to self-certify that they meet the hardship criteria and will only take out the amount they need to cover their financial emergency.
Paying off credit card debt doesn't fit the IRS hardship definition, but some plans do allow a hardship withdrawal for paying off debt. The only way to find out if yours permits it is to ask the plan administrator.
I am writing this letter to request assistance with my personal loan during a time of financial hardship. Approximately two weeks ago, I was let go from my job due to company-wide layoffs. As a result, I have been unable to continue making regular payments on my loan.