84 FR 49651 — Hardship Distributions of Elective Contributions, Qualified Matching Contributions, Qualified Nonelective Contributions, and Earnings IRCFinal Rules (FR)Sep 23, 2019★ strong match
…, in the case of certain expenses) in order to be considered as using the safe harbor standards for hardship distributions. Under the IRS's pre-approved plan program for qualified plans, certain section 401(k) plans that provide for hardship distributions will not be approved unless the distributions are made under cir…
83 FR 56763 — Hardship Distributions of Elective Contributions, Qualified Matching Contributions, Qualified Nonelective Contributions, and Earnings IRCProposed Rules (FR)Proposed Nov 14, 2018★ strong match
…fe harbors that may be used to determine whether a distribution is made on account of an employee's hardship. Specifically, § 1.401(k)-1(d)(3)(iii)(B) provides a safe harbor under which distributions for six types of expenses are deemed to be made on account of an immediate and heavy financial need. One of the six type…
IRCRegulationsMar 14, 2019
and Answer T-36 (for top-heavy) to determine whether the plan is super top-heavy and to satisfy section 416(h) if it is. T-38 Q. Are any plans exempted from including top-heavy provisions? A. Section 401(a)(10)(B) exempts governmental plans (as defined in section 414(d)) from the top-heavy requirements and provides tha…
REG-108639-99 — Proposed regulations under sections 401(k) and 401(m) of the Code provide guidance on the requirements for certain retirement plans containing cash or deferred… IRCProposed Rules (FR)Proposed Sep 2, 2003★ strong match
…ities (within the meaning of section 414(l)) with respect to the employee). (3) Rules applicable to hardship distributions—(i) Distribution must be on account of hardship. A distribution is treated as made after an employee's hardship for purposes of paragraph (d)(1)(ii) of this section if and only if it is made on acc…
Notice 2020-86 — Guidance on Sections 102 and 103 of the SECURE Act With Respect to Safe Harbor Plans IRCNoticesModified Dec 28, 2020
How does § 103(a) of the SECURE Act affect the safe harbor notice requirements for a QACA safe harbor § 401(k) plan or QACA safe harbor § 401(m) plan? A-5. Section 103(a) of the SECURE Act amended the requirements for a QACA safe harbor § 401(k) plan that satisfies the safe harbor nonelective contribution requirements …
Notice 2009-68 — Safe harbor explanations — eligible rollover distributions. This notice contains two safe harbor explanations that may be provided to recipients of eligible ro… IRCNoticesSep 28, 2009★ strong match
… be written in a manner designed to be easily understood.
If the law governing the tax treatment of distributions or other provisions described in a safe harbor explanation in this notice is amended after September 28, 2009, the safe harbor explanation will not satisfy § 402(f) to the extent that the safe harbor explan…
Ann. 2012-44 — This announcement provides relief under section 401 of the Code to taxpayers who have been adversely affected by Hurricane Sandy and have retirement assets in … IRCAnnouncementsDec 3, 2012related by meaning
…hin the plan containing either employee contributions or rollover amounts. The amount available for hardship distribution is limited to the maximum amount that would be permitted to be available for a hardship distribution under the plan under the Code and regulations. However, the relief provided by this announcement …
IRCRegulationsNov 17, 2025★ strong match
(d)(3)(i) (i) Distribution must be on account of hardship. A distribution is treated as made after an employee's hardship for purposes of paragraph (d)(1)(ii) of this section if and only if it is made on account of the hardship. For purposes of this rule, a distribution is made on account of hardship only if the distri…
IRCCourt RulingsJul 24, 2017★ strong match
…s.,
provides that a distribution made by a retirement plan is permitted in cases of "the
employee's hardship". Section 1.401(k)-1(d)(3)(i), Income Tax Regs., provides:
A distribution is treated as made after an employee's hardship for
purposes of paragraph (d)(1)(ii) of this section if and only if it is
made on account…
IRCRegulationsMar 14, 2019★ strong match
(b2)(2)(x) (x) Amendment of hardship distribution standards. A qualified cash or deferred arrangement that permits hardship distributions under § 1.401(k)-1(d)(3) may be amended to specify or modify nondiscriminatory and objective standards for determining the existence of an immediate and heavy financial need, the amo…
Ann. 2017-15 — Announcement 2017–15 provides relief to victims of Hurricane Maria and the recent California wildfires. It permits easier access to funds held in workplace ret… IRCAnnouncementsNov 20, 2017★ strong match
…ent requirements). A defined benefit or money purchase plan, which generally cannot make in-service hardship distributions, may not make hardship distributions pursuant to this announcement, other than from a separate account, if any, within the plan containing either employee contributions or rollover amounts.
The amo…
Notice 2016-16 — Contributions to a § 401(k) or 401(m) retirement plan must not discriminate in favor of highly compensated employees. The nondiscrimination rules may be met th… IRCNoticesFeb 16, 2016
…(m). As an alternative to satisfying the annual ADP and ACP test, a plan may be structured to use a safe harbor plan design. For purposes of this notice, a “safe harbor plan” is a plan that includes a cash or deferred arrangement described in § 401(k)(12) (traditional § 401(k) safe harbor) or § 401(k)(13) (qualified au…
Notice 2026-13 — Safe Harbor Explanations – Eligible Rollover Distributions IRCNoticesFeb 2, 2026related by meaning
…pect to the qualified disaster. Section 72(t)(11)(G)(i) provides that a qualified disaster recovery distribution is not treated as an eligible rollover distribution for purposes of the direct rollover rules of section 401(a)(31), the notice requirement under section 402(f), or the mandatory withholding rules under sect…
78 FR 68735 — Reduction or Suspension of Safe Harbor Contributions IRCFinal Rules (FR)Nov 15, 2013related by meaning
… about demonstrating compliance with the requirement that the employer incur a substantial business hardship (comparable to a substantial business hardship described in section 412(c)). First, the requirement has been modified by replacing the standard in the proposed regulations that the employer have a substantial bu…
Ann. 2017-11 — Announcement 2017–11 provides relief to victims of Hurricane Harvey, which caused damage to Texas. It permits easier access to victims’ funds held in workplace… IRCAnnouncementsSep 25, 2017related by meaning
ator has actual knowledge to the contrary, and the distribution is treated as a hardship distribution for all purposes under the Code and regulations. For purposes of this announcement, a “qualified employer plan” means a plan or contract meeting the requirements of § 401(a), 403(a) or 403(b), and, for purposes of the …
91 FR 9213 — Requirement To Provide Paper Statements in Certain Cases-Amendments to Electronic Disclosure Safe Harbors ERISAProposed Rules (FR)Proposed Feb 25, 2026
lower. Conversely, if the proportion of plans using the 2002 safe harbor relative to the 2020 safe harbor is lower, the overall costs would be higher. To demonstrate this, the Department includes its analyses for a range of scenarios in Table 11 below. These scenarios depict uniform usage of the 2020 safe harbor, unifo…
IRCRegulationsSep 23, 2019
(k)-3 Safe harbor requirement(a) ADP test safe harbor.(1) Section 401(k)(12) safe harbor.(2) Section 401(k)(13) safe harbor.(3) Requirements applicable to safe harbor contributions.(b) Safe harbor nonelective contribution requirement.(1) General rule.(2) Safe harbor compensation defined.(c) Safe harbor matching contrib…
Ann. 2016-30 — This announcement provides relief to victims of the Louisiana storms and flooding that began August 11, 2016. It permits easier access to victims’ funds held i… IRCAnnouncementsSep 12, 2016related by meaning
…hin the plan containing either employee contributions or rollover amounts. The amount available for hardship distribution is limited to the maximum amount that would be permitted to be available for a hardship distribution under the plan under the Code and regulations. However, the relief provided by this announcement …
ERISARegulationsNov 22, 2024related by meaning
…or. A fiduciary that meets the conditions of paragraph (d) of this section shall, with respect to a distribution described in paragraph (b) of this section, be deemed to have satisfied its duties under section 404(a) of the Act with respect to the distribution of benefits, selection of a transferee entity described in …
Notice 2018-74 — Notice 2018–74 modifies the two safe harbor explanations in Notice 2014–74, 2014–50 I.R.B. 937, that may be used to satisfy the requirement under § 402(f) of t… IRCNoticesModified Oct 1, 2018related by meaning
tions. Thus, the § 402(f) notice may be provided as much as 180 days before the date on which the distribution is made (or the annuity starting date). A plan administrator or payor may customize a safe harbor explanation by omitting any information that does not apply to the plan. For example, if the plan does not hold…