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GAO Suggests Change in Law Regarding 401(k) Hardship Withdrawals

Source: Business Insurance

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Posted on 28 Sep 2009

The Government Accountability Office has released a report suggesting that Congress consider changing current laws that prohibit 401(k) plan participants who have taken a hardship withdrawal from resuming contributions to the plan until six months after such a withdrawal, a move that would enable employees to replenish their plan account balances more quickly.

The GAO also recommends that the Labor Department encourage employers to post on participant Web sites information on the long-term impact preretirement withdrawals of funds can have on their 401(k) plan account balances.

For example, employers could provide participants with modeling tools to help them calculate the impact of a preretirement withdrawal of funds, the GAO said.

In addition, the Labor Department could encourage employers to provide employees who terminate employment with projections showing how their account balances would compare at retirement if left in the plan or taken as a lump-sum distribution, the GAO said.

Sen. Herb Kohl, who chairs the Senate Special Committee on Aging and who requested the GAO report, said in a statement that he intends to introduce legislation to reduce preretirement “leakage” from 401(k) plans.

“Despite the financial hardships many are facing, people need to resist raiding their 401(k), because it can be a really bad deal for them over the long run,” Kohl said.


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