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Asked 8/17/2011

My current company is being sold, do I have to transfer my 401k from the old company into the new company?

My current company is being sold, do I have to transfer my 401k from the old company into the new company? I read at my work our 401k's would just be transferred into the new company. Do we not legally have a choice if we want to transfer it or withdraw it. I understand the penalties but having some financial problems and really could use the money.

 
 
 
 
 
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Answer 1/1 - Submitted 8/19/2011

No, you don't have the choice. It is not uncommon for a plan merger to be handled like this where all account balances end up in the remaining company plan. In that event, the fact that there was a change in ownership does not provide you with a distributable event, meaning you don't get the option to take a distribution.

If you truly have financial problems you may still qualify for a hardship distribution from the plan. Contact your plan administrator to see if your plan allows for this and to get the form to complete to start the process. A plan loan may be another option, though you would have to make payments on it from payroll deduction.

 
 
 
 
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