As you stash part of your paycheck for your retirement, you may want to dip into your 401(k) account to pay certain costs or purchases. However, there are circumstances when your employer can prevent 401(k) withdrawals.
An employer can prevent 401(k) withdrawal if they suspect you have violated any of the plan rules or IRS regulations, if you are an active employee of the company, or if the money in your 401(k) account is not fully vested.
Also, if the 401(k) assets are temporarily frozen due to a change of record keepers or a blackout period, your employer may deny a 401(k) withdrawal.
Situations when an employer can deny a 401k withdrawal
The IRS regulations guide 401(k) withdrawals, and individual plans may provide different rules for their specific plans. If your employer denies your withdrawal request, it may be due to several reasons.
Some funds are not fully vested
When you get hired to work for a company, one of the benefits you get is a 401(k) match from your employer. The employer matches your contributions, either partially or dollar-for-dollar, as a percentage of your paycheck up to a certain limit.
Technically, the money your employer contributes to your 401(k) is not entirely yours until you are fully vested. Most employers have a vesting schedule that lasts for 2 to 6 years when you must work for the company to get access to the full match.
If you quit your job or are fired before the vesting schedule lapses, you forfeit the money contributed by your employer that is not fully vested. Therefore, your employer may deny your 401(k) withdrawal if you leave before you are fully vested.
Violation of plan rules
Individual 401(k) plans can dictate the specific situations when 401(k) withdrawals are allowed. A plan can set eligibility criteria, requiring participants to meet certain requirements before they are allowed to make withdrawals. If you violate any of the plan or IRS rules, your 401(k) withdrawal request will be denied.
You are still an active employee
Most employers restrict withdrawals for active employees. If you are still employed by the company sponsoring your 401(k) plan, and you are younger than age 59 ½, you may not be allowed to make 401(k) withdrawals.
You don’t meet hardship withdrawal criteria
While some 401(k) plans may allow hardship withdrawals, the specific need must meet the stringent requirements for financial hardship. If your specific situation does not meet the financial hardship criteria provided in the plan’s summary plan description, your employer may reject your 401(k) withdrawal.
You have defaulted on 401(k) loan
If you have an unpaid 401(k) loan, and you are unable to make loan repayments on time, your employer may reject the 401(k) withdrawal request until the loan is fully paid.
Usually, when you default on a 401(k) loan, the employer can convert the unpaid loan amount into a taxable distribution, meaning that the unpaid loan will be deducted from your 401(k) balance.
Hence, your employer may limit withdrawals so that you will have enough 401(k) balance to settle the defaulted loan amount.
Assets are temporarily frozen
401(k) assets may be temporarily frozen due to various reasons, including ongoing litigations against the retirement plan, a change of record keepers, or if there is a blackout period when funds cannot be accessed.
Usually, such freezes are temporary, and retirement plans are required to provide an advance notice at least 30 days before the retirement assets are frozen. Also, if you were fired from your job and there were unresolved financial issues around your departure, there will be a temporary freeze on your 401(k) money until the issues are resolved.
Will Your Employer Know If You Make a 401(k) Withdrawal?
Your employer will generally be aware if you make a 401(k) withdrawal. When you request a withdrawal from your 401(k) plan, the plan administrator will process and approve the transaction.
Usually, the plan administrator will inform your employer about the transaction details, including the amount, purpose, and any taxes arising from the transaction. The IRS requires employers to keep an accurate record of plan activities, including contributions, withdrawals, and loans, which must meet the IRS requirements.
However, while your employer will know about the transactions you make in your 401(k) account, your immediate boss may not have access to this information. Depending on how the company is structured, only the HR and finance departments may be aware of 401(k) transactions.
Can a hardship withdrawal be denied?
Your employer can deny a hardship withdrawal request if it does not meet the criteria provided in the summary plan description. The IRS provides rules on what qualifies as a hardship withdrawal, and employers can limit the situations that meet the criteria for financial hardship.
Examples of situations for which a hardship withdrawal may be permitted include:
- Prevent foreclosure or eviction from your primary residence. Expenses for your second home do not qualify
- The cost required to purchase or build your primary residence. This also includes the cost of repairing your primary residence.
- Education expenses, including tuition, room and board, and other related expenses for post-secondary education for the next 12 months.
- Unreimbursed medical expenses for the 401(k) participant, their spouse(s), and dependents.
- Funeral expenses for the participant’s deceased parents, spouse, children, or other dependents.
When you request a hardship withdrawal, you will be required to provide proof of financial hardship. Remember, the hardship withdrawal cannot exceed the amount needed to satisfy the financial hardship.
Conclusion
Whether your employer will prevent a 401(k) withdrawal or not depends on various factors, including the IRS rules and specific provisions of the 401(k) plan.
While an employer can set specific restrictions and plan rules regarding 401(k) withdrawals, they must operate within the legal requirements and in compliance with the IRS regulations.
If you have been denied a 401(k) withdrawal, you should follow up with the plan administrator to know why your request was denied, and if there are any changes required to adhere to the plan rules and IRS regulations.