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Asked 4/12/2010

401K loan

I have a loan on my 401K. I pay $250 per pay period (evey other wk). As of 1/1/2010 my company stopped adding our contributions/loans to our accounts as they were switching 401K carriers. The new accounts have been started as of 4/1/2010. Since I am only making loan payments right now my money has not been added to our new 401k account. I was told by my employer that when the final paperwork is signed and the old money is rolled over my loan will rollover and all my payments since 1/1/2010 will be deposited. In the meantime my money is not earning anything since the employer is holding on to it. Is it legal for this to go on for so long. I have made 7 loan payments since the beginning of the year with number 8 coming this week. Do I have recourse? Please advise

 
 
 
 
 
Answers

Answer 1/2 - Submitted 4/12/2010

This seems like an extremely long time for them to hold. Call both the old and new 401K companies and see if there is a glitch in the system somehow because you are taking out a loan.

As to whether it is legal or not, it will depend on the terminology and clauses in the 401K contract and the employers own polices regarding the 401K. Since they are administering it for you and if they are doing it to the best of their ability, I don't think they can be held responsible.

 
 

Answer 2/2 - Submitted 4/16/2010

Yes you can borrow on 401(k) loans, the rates will be comparable to other loans, but there are no regulations on what can be charged for loans, although federal rules do require plans to charge a "reasonable" interest rate.

Most companies usually make it easy to repay the loan, and will deduct the payments from your paycheck, and the money goes back into your account.

The restrictions on how much you can borrow and on the length of time to repay the loan, it can't be larger than $50,000 or half the balance of your account, whichever is smaller, and it must be repaid within five years, unless used for a home purchase which will allows you to pay out in 10 to 30 years.

 
 
 
 
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