Smart Benefits: IRS Allowing 401(k) Loans for Hurricane Victims & Families

Rob Calise, GoLocalProv Business/Health Expert

Smart Benefits: IRS Allowing 401(k) Loans for Hurricane Victims & Families

The IRS is allowing 401(k)s and other qualified employer-sponsored retirement plans to make loans and hardship distributions for victims of Hurricane Harvey and Irma as well as members of their families – and to access the money more quickly thanks to a relaxing of procedural and administrative rules that normally apply.

Retirement plans can provide the relief to employees who live or work in areas affected by hurricanes Harvey and Irma and designated for assistance by FEMA (eligible localities are listed here). Participants may also take a loan or hardship distribution for the benefit of certain family members (child, parent, grandparent or other dependents) who live or work in a covered disaster area.

Participants can take a hardship distribution or borrow up to the specified statutory limits from the plan. Hardship withdrawals must be made by Jan. 31, 2018. Plans can make the distributions before a plan is formally amended to provide for such features.

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According to the IRS, the tax treatment of loans and distributions remains unchanged, meaning, retirement plan loan proceeds are tax-free if they are repaid within five years and hardship distributions are generally taxable and subject to a 10-percent early-withdrawal tax.

Rob Calise is the Managing Director, Employee Benefits. of Cornerstone|Gencorp, where he helps clients control the costs of employee benefits by focusing on consumer driven strategies and on how to best utilize the tax savings tools the government provides. Rob serves as Chairman of the Board of United Benefit Advisors, and is a board member of the Blue Cross & Blue Shield of RI Broker Advisory Board, United HealthCare of New England Broker Advisory Board and Rhode Island Business Healthcare Advisors Council. He is also a member of the National Association of Health Underwriters (NAHU), American Health Insurance Association (AHIA) and the Employers Council on Flexible Compensation (ECFC), as well as various human resource associations. Rob is a graduate of Bryant University with a BS in Finance. 

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