December 17, 2018
Life is full of surprises that often are greeted with a smile and make people feel excitement and exhilaration. Surprise parties, an end-of-year bonus or a thoughtful gift can elicit this reaction. However, there are also unwelcome surprises that are approached with anxiety, frustration, and stress about how to manage through them. Examples include a medical issue, unexpected educational or other expense or even a transitional life event such as buying a home. While most only want the former, the reality is the latter will happen at some point. To help those facing the latter, the IRS recently issued a Notice of Proposed Rulemaking for 401k/403b Hardship Withdrawals. The proposed regulations modify the list of qualifying events which can constitute a “heavy financial need” and allows a participant to make an immediate withdrawal. They also eliminate uncertainty about when hardship distributions are permitted. To help clients, prospects and others understand the changes and how it impacts their plan’s administration, Wilson Lewis has provided a summary of key details below.
A hardship distribution is a withdrawal that a plan participant is permitted to take from a qualifying 401(k) or 403(b) plan to cover a heavy financial need. In order to qualify, a plan participant must meet the criteria for a heavy financial need established by the plan documents and IRS. Some examples of need include out-of-pocket medical expenses, the purchase of a home, or tuition expenses for the participant or their dependent. Depending on the plan and age of participant, there may be a 10% penalty for the withdrawal and the withdrawn amount would be subject to income tax.
Many of the proposed changes in this category are designed to allow participants impacted by a natural disaster easier access to their funds to help manage unexpected recovery expenses.
These proposed changes address whether a hardship withdrawal is necessary to satisfy an immediate and heavy financial need.
Under current regulations, permission to make a hardship withdrawal is based on relevant facts and circumstances. The proposed regulations require using a general framework to determine when a withdrawal is permitted. Th guidelines require that the withdrawal cannot exceed the amount needed to address the hardship, the employee must have exhausted all other options under the plan and they must present documentation in writing that they don’t have the financial resources needed to satisfy the hardship. It’s important to note the last change will not be effective until January 1, 2020, but plan sponsors can implement it earlier if desired.
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While these are simply proposed regulations, it does provide insight into the changes which are likely to come. Plan sponsors should consider reviewing their plan documents to identify where changes need to be made once the proposed regulations become final. If you have questions about these regulations or need assistance with a plan issue or your 401k audit, Wilson Lewis can help! For additional information call us at 770-476-1004 or click here to contact us. We look forward to speaking with you soon.