News & Analysis as of

401k Hardship Distributions

Kaufman & Canoles

ESOPs, Benefits & Compensation Q2 2024 Client Update

Kaufman & Canoles on

On behalf of the ESOPs, Benefits & Compensation team, we hope your Summer is off to a great start. In the time of family vacations and out-of-office replies, the pace of employee benefits changes—both large and small—remains...more

Fisher Phillips

IRS Grab Bag Brings Clarity to Certain SECURE Act 2.0 Provisions: 6 Biggest Points for Employers

Fisher Phillips on

Employers that sponsor retirement plans continue to have a lot on their plate. With SECURE Act 2.0 requirements now in play, this legislation continues to add more and more to your (already) overflowing plate. However, as is...more

Jackson Walker

Benefits Planning for Year End and 2024

Jackson Walker on

Retirement Plan Task for Year End - Operational Required Changes for 2024 Long-term part-time employees: Although there is no amendment required to single employer retirement plan documents by December 31, 2023, there are...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Fidelity said hardships were up

COVID, inflation, and a possible recession, all good reasons why hardship distributions are up. According to Fidelity, the percentage of 401(k) participants taking hardship withdrawals from their accounts rose to 2.4% in...more

Cozen O'Connor

SECURE ACT 2.0: Wow, What a Difference an Act Makes!

Cozen O'Connor on

The Consolidated Appropriations Act of 2023 was signed into law on December 29, 2022, and has ushered in one of the most significant pieces of retirement plan legislation in recent memory. SECURE Act 2.0 (SECURE 2.0) contains...more

Holland & Hart - The Benefits Dial

Easy Money…Self-Certify Your Hardships Away

If a 401(k) or 403(b) plan permits employees to take in-service hardship withdrawals in the event of an immediate and heavy financial need, new legislation provides that, effective for plan years beginning in 2023, employers...more

Jackson Lewis P.C.

SECURE 2.0 Series Part 10: Emergencies, Hardships and Disasters? Not To Worry – We Have You Covered

Jackson Lewis P.C. on

Welcome to Part 10 (of 10) of our series about the SECURE 2.0 Act of 2022 (SECURE 2.0) (our other articles are on our JL Employee Benefits Blog Page). Among the many changes within SECURE 2.0, the following allow for...more

Jackson Lewis P.C.

SECURE 2.0 Series Part 5: A Little More SECURE-ity – Emergency Savings in Your 401(k)

Jackson Lewis P.C. on

Employees, especially those far from retirement, are sometimes hesitant to put money into their employer’s 401(k) plan, knowing that their money won’t be available to them if unexpected expenses arise. Congress and the Biden...more

McDermott Will & Emery

[Webinar] SECURE 2.0 Takes Second Bite at Retirement Security - January 25th, 12:00 pm - 1:00 pm CST

McDermott Will & Emery on

Join partners from McDermott’s Employee Benefits team as they discuss the impact of the recently passed SECURE 2.0 Act of 2022. With over 90 changes to retirement plans and individual retirement accounts (IRAs), this webinar...more

Bradley Arant Boult Cummings LLP

SECURE 2.0: Retirement Plan Changes for 2023

The SECURE 2.0 Act of 2022 was enacted at the end of last year as part of the Consolidated Appropriations Act of 2023. The act sets forth a number of changes affecting retirement plans that go into effect over several years....more

Fisher Phillips

10 Most Significant Employee Benefits Law Changes in 2023’s Federal Spending Bill

Fisher Phillips on

Besides ensuring the federal government remains fully funded, President Biden’s signature Thursday on the Continuing Appropriations Act, 2023 (CAA 23) contains several provisions that will directly impact health and...more

Tucker Arensberg, P.C.

New Legislation Commonly Called “SECURE 2.0” was Recently Passed by Congress

Tucker Arensberg, P.C. on

New legislation commonly called “SECURE 2.0” was passed by Congress last week and signed into law on Tuesday by President Biden. The new legislation includes almost 100 different changes that are linked to retirement plans. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

$1.7 Trillion Spending Package Includes Significant Changes to Retirement Plans

On December 29, 2022, President Joe Biden signed into law the Consolidated Appropriations Act of 2023, which includes the SECURE 2.0 Act of 2022 (SECURE 2.0). SECURE 2.0 is an expansion of the Setting Every Community Up for...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Bad times means more hardships

With high inflation and an economy that might be in a recession, it is no shock that hardship distributions are on the rise. About 0.5% of employers participating in 401(k) plans made a “hardship” withdrawal in October,...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Review those hardship requests

It’s easier to steal when no one is looking. In Ohio, a former plan participant is facing criminal charges for a fraudulent hardship request....more

Bond Schoeneck & King PLLC

Retirement Plan Amendment Deadlines

As we approach the end of 2021, it is a good time to review upcoming year-end plan amendment deadlines applicable to retirement plans. Employers should review their plans with their providers and advisers to determine if any...more

Groom Law Group, Chartered

[Webinar] It’s Not Too Late! What Employers Need to Do With Their Retirement Plans Before Year End - November 23rd, 1:30 pm - 2:00...

You may have changed the way hardship withdrawals are made from your 401(k) plan a couple of years ago to comply with changes in the law, but did you amend your plan? And for amendments to required minimum distributions that...more

Verrill

December 31 Sunset of Safe Harbor Correction Method for Certain Elective Deferral Failures Benefits Law Update

Verrill on

A special IRS-approved correction method available for elective deferral failures in 401(k) and 403(b) plans with automatic contribution features will sunset on December 31, 2020, meaning it will not be available to correct...more

Seyfarth Shaw LLP

Out for a Penny, Out for a Pound? IRS Provides Employees Opportunity to Cancel Non-Qualified Deferral Elections through...

Seyfarth Shaw LLP on

Seyfarth Synopsis: As Seyfarth has blogged about on multiple occasions, the CARES Act provides participants in tax-qualified retirement plans the opportunity to request distributions on a tax-favored basis by self-certifying...more

Burr & Forman

Don’t Forget Hardship Distribution Amendments

Burr & Forman on

A lot has happened since the final regulations revising the hardship distribution rules were issued on September 23, 2019 (the “Hardship Regulations”). The Secure Act was enacted in December 2019, followed by the Cares Act in...more

Jackson Lewis P.C.

Mid-Year Safe Harbor Design Changes In A COVID-19 World

Jackson Lewis P.C. on

As COVID-19 continues its upheaval of nearly all aspects of life, retirement plan administration included (see some of our prior discussions here, here, here and here), the Internal Revenue Service recently issued guidance...more

Jackson Walker

Additional Clarity for Employers and Retirement Plan Administrators on Coronavirus Relief Under the CARES Act

Jackson Walker on

After the CARES Act was enacted, plan administrators had questions regarding how to determine if a participant is eligible to receive a Coronavirus distribution, Coronavirus loan, or delay of loan payments because a...more

Bass, Berry & Sims PLC

COVID-19: Retirement Plan FAQs

This set of FAQs is part of a series dealing with the impact of COVID-19 on businesses. Government-mandated protocols and social distancing directives as a result of the COVID-19 pandemic have led to significant business...more

Patterson Belknap Webb & Tyler LLP

CARES Act – Retirement Plan Provisions for Employers and Plan Administrators

The Coronavirus Aid, Relief, and Economic Security Act (H.R. 748), known as the CARES Act, was enacted today. This legislation contains several important provisions for employers and plan administrators regarding their...more

Davis Wright Tremaine LLP

COVID-19: FAQs Regarding Retirement Plan Contributions, Distributions, and Compliance Issues

Employers impacted by COVID-19 have a variety of questions regarding the impact on their retirement plans, including the ability to make contribution formula changes, questions about distributions, and compliance issues,...more

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