News & Analysis as of

Hardship Distributions

Epstein Becker & Green

Employee Benefit Strategies to Aid Workers During 2025 California Wildfires

Epstein Becker & Green on

The wildfires moving through Southern California have destroyed communities and displaced countless individuals....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Direct Employer Assistance and 401(k) Plan Relief Options for Employees Affected by California Wildfires

In the past week, devastating wildfires in Los Angeles, California, have caused unprecedented destruction across the region, leading to loss of life and displacing tens of thousands. While still ongoing, the fires already...more

Morgan Lewis - ML Benefits

Guidance on Distributions for Emergency Personal Expense and Domestic Abuse Victims

The Internal Revenue Service (IRS) released a notice providing guidance on distributions for emergency personal expense and domestic abuse victims under the SECURE 2.0 Act of 2022 (SECURE 2.0). Both distributions are...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Loans and hardships don’t affect deferrals

A research paper from the Wharton Pension Research Council states that 401(k) contributions are “remarkably stable” after loans and hardship withdrawals....more

Smith Anderson

Tapping Retirement Savings After Tropical Storm Helene

Smith Anderson on

Our heartfelt thoughts are with everyone affected by Tropical Storm Helene. Your safety and well-being are paramount and we are here to support those impacted during this challenging time. As employees and employers work...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

My Two Cents: Don’t Trust Anybody on hardship distributions

The reason I never hired an employee is because I was an employee once too. I had co-workers, many of who I couldn’t trust (I did work for a couple of law firms)....more

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

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Hardship distributions are up

According to Vanguard, hardship distributions are up and that’s not a good sign....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.

Inflation increases hardship distributions

Inflation is causing pain in the pocketbook and hardship distributions show that. Fidelity found that 2.4 percent of 22 million people with retirement accounts in its system took hardship withdrawals in the final quarter of...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Loans and hardships are on the downswing

Bank of America’s newest survey shows that at the end of 2022, fewer participants took hardship withdrawals and loans. Participants taking a hardship distribution declined in the fourth quarter of 2022, with the average at...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

Eversheds Sutherland (US) LLP

SECURE 2.0 in 2023 and beyond

President Biden signed the Consolidated Appropriations Act, 2023, on December 29, 2022, which includes the package of retirement plan legislation known as “SECURE 2.0.” SECURE 2.0 contains numerous significant changes for...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

Goodwin

Benefit Plan Considerations for Employers in a Market Downturn

Goodwin on

​​​​​​​When markets are unpredictable, employers may be required to make business decisions that can have unanticipated effects on their retirement and health and welfare benefit plans. Employers should keep the following...more

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