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? asked in Business & FinanceCorporations · 7 years ago

Who makes the rule that 401k money can only be withdrawn under certain circumstances? Is it the company plan? or the IRS?

employees are frequently asking me if they can withdraw their money. Not loans, I'm talking in service withdrawal. They want to move the funds somewhere else. I know that the employee has to be 59 1/2 or over. Or face a hardship. or leave the company altogether. But I'm getting mixed messages regarding who makes that rule. Is it the IRS? Or is it our plan and the plan sponsor? Or did the company decide that? are there plans exist that due allow it? albeit with high penalties. A few of my employees said they're willing to pay the penalties. but I'm told even then, it's entirely not allow. I'm just trying to explain to them why. I know It's meant for retirement, but I'm still confused about whether or not the IRS made the rule or if it's our plan?

5 Answers

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  • ?
    Lv 6
    7 years ago

    The Department of Labor makes the rules to comply with laws passed by Congress. The IRS enforces the rules. The rules are published in the Code of Federal Regulations. If you want to read through them, bring lots of coffee, a dictionary, and patience.

    Source(s): Experience.
  • Jack
    Lv 6
    7 years ago

    The rules for in service 401K withdrawals are made by the IRS with authorization from congress.

    Your company has only very little leeway in the rules they make.

  • Bob
    Lv 7
    7 years ago

    The overall rules are set by the IRS, there are some rules that are set by the plan and the plan sponsor. They can not make rules that are not consistent with the IRS

  • 7 years ago

    The plan makes the rules for in service withdrawals.

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  • Anonymous
    7 years ago

    The law ALLOWS employer plans to permit "hardship withdrawals" under certain conditions. It does not REQUIRE plans to so permit.

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