Yahoo Answers is shutting down on May 4th, 2021 (Eastern Time) and beginning April 20th, 2021 (Eastern Time) the Yahoo Answers website will be in read-only mode. There will be no changes to other Yahoo properties or services, or your Yahoo account. You can find more information about the Yahoo Answers shutdown and how to download your data on this help page.

? asked in Politics & GovernmentLaw & Ethics · 7 years ago

Is it possible for a company to prevent an employee from withdrawing their 401k early even if they are willing to pay penalties?

I'm not talking about hardships or termination. See, our companies 401k company is saying that, per our plan document, an employee cannot take an early withdrawal on the 401k even if they are willing to pay penalties. I understand that the usual reasons are retirement/termination, hardships or if the employee is 59 1/2. I know that some plans allow withdrawls outside of those reasons, if the employee is willing to pay the penalty. But is it possible for the plan to state that regardless, under no other circumstances other than those three, can an employee withdraw their 401k? Plan does allow loans, And i know it's ill-advised to take a withdrawl and pay those fees, it's not for me. But i do need to know, is it a plan specific rule? thanks.

6 Answers

Relevance
  • ?
    Lv 7
    7 years ago

    You can't take a withdraw while you are still an active employee. If you take money out while you're still an employee then its a loan, not a withdraw. They will automatically set up paycheck deductions to begin repaying yourself.

    This is a very common policy. If you leave the company, you can withdraw the money for any reason you want - subject to taxes and penalties of course.

  • 7 years ago

    It's my understanding that the company hires a third party vendor to manage the 401k plan and the vendor makes the rules. I never heard of a vendor trying to do this, it would be unusual. It may be inconsistent with the federal government's policy on 401ks. Because a 401k is a tax-savings investment-vehicle, there are certain rules and guidelines the IRS makes them follow, so I imagine what you are describing probably would not be allowed.

  • Anonymous
    7 years ago

    Of course it is, and in fact that is USUALLY the case...the rules are intended to "protect you from yourself", since only a very innumerate individual would make a withdrawal from a tax-deferred account before age 59.5 anyway....you will lose at least HALF the money in taxes & penalties...

  • Anonymous
    7 years ago

    nope, its your money...instead of four grand in the bank you got 6K in the bank...S_hit happens....you need the money...gotta pay a third in taxes...based on a pre-qualified reason you might not have to pay the penalty.....like a first time home purchase....you either get a check for 4 thousand or thirty-four-hundred....you can take a loan, you can take it out for 59 days once every12 month no penalty or loan ...judst pay it back....the best money maker is have them put it in writing that they refuse to give you your money...then you sue for million because they wouldn't give you your money.. idiots..

  • How do you think about the answers? You can sign in to vote the answer.
  • 7 years ago

    So you can take a loan if you really need it. Or you prove a hardship.

  • Anonymous
    7 years ago

    Since the company contributes, I would think they have a say in it.

Still have questions? Get your answers by asking now.