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Asked 10/27/2009

Do I have to quit my job to wiyhdraw my 401-k?

I was told that I have to quit my job to withdraw my 401-k. My employer set the plan up with a no loan clause and no one can barrow money from their accont. My employer quit making the employer match that was part of the plan. I was told that I have to quit my job inorder to get a withdrawl from my 401-k. Can they do that even though they are not contributing to the employer match part of the plan ?

 
 
 
 
 
Answers

Answer 1/2 - Submitted 10/27/2009

Yes, they are correct.. probably
to take a distribution a distributable event must occur. These are:
severance of employment,
reaching retirement age as defined by the plan (usually59 1/2, and does not have to be allowed)
or permanent disability.
They do not have to allow loans, it is their option. Many employers have stopped matching, in these tough times, that amount may force them to shut down altogether..
All the plan provisions are spelled out in the plan document. You should be able to access a summary plan document, or something similar stating your plan specifics.
It is the employer's plan, so they can opt for what they wish...
As for the distribution, that is retirment plan provisions (ERISA) not your employer stating you cannot access your funds. All Erisa plans are this way.....

 
 

Answer 2/2 - Submitted 5/5/2010

The information posted above is incorrect. 401(k) plans may be set up to allow for so-called "hardship withdrawals," whose permitted reasons include payment of tuition or medical expenses and buying or retaining from foreclosure a primary residence.

However, plans are not obligated to include the provision of a hardship withdrawal. Many, like mine, do not.

 
 
 
 
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