Can My Employer Refuse My 401(k) Withdrawal? – Capitalize (2024)

Situations When Employers Can Refuse 401(k) Withdrawals

While your 401(k) fund is your money, there are situations when employers can refuse withdrawal requests. Your employer’s plan administrator will outline the details of their retirement account in the summary plan description, but some common scenarios for refusal include the following:

1. If the funds in your account aren’t yet fully vested. These are generally employer contributions that are not yet fully yours, usually because you haven’t met your employer’s minimum years of service requirement. Check your plan’s vesting schedule for more detailed information.
2. Employers may also deny withdrawal requests if they suspect a violation of plan rules or IRS regulations. 401(k) plan rules vary from employer to employer.
3. Withdrawal restrictions may be in place for employees still employed with the company.

401(k) Withdrawal Options and Exceptions

Although many regulations are in place to try to prohibit accountholders from making early withdrawals and to simultaneously encourage them to maximize retirement savings, there are some exceptions.

Typically, all distributions from your 401(k) account before the age of 59.5 will incur penalties, but certain exceptions allow participants to access their funds without penalty.

These include:

1. The Rule of 55 allows individuals who retire at 55 to take penalty-free withdrawals. Note that you must be separated from your most recent employer and at least age 55 years of age for the Rule of 55 to take effect.
2. The age 50 exception (for qualified public safety employees) allows some participants over 50 to withdraw funds without penalty. Note this doesn’t apply to Individual Retirement Accounts (IRAs) of any kind, including Roth IRAs.
3. Becoming disabled may be considered a hardship distribution eligible for a penalty waiver.
4. Significant unreimbursed medical expenses, which can qualify as financial hardship and therefore, may lead to a penalty waiver. “Significant”, in this context, refers to 7.5% or more of your Adjusted Gross Income (AGI).
5. Substantially equal periodic payments (SEPP) are withdrawal plans that allow you to avoid the 10% penalty fee but still require you to pay income taxes on any amounts distributed. SEPP distributions are mandatory for at least five years or until you reach age 59.5, whichever comes later.
6. IRS levy entitles the IRS to seize funds to pay back unpaid tax debt. This also allows the IRS to pursue other property, resulting in situations like a foreclosure on a house or eviction.
7. Qualified reservist distributions happen when military reserve members withdraw from their 401(k)s without penalty if called to active duty.
8. If you die, your 401(k) funds will be passed to your beneficiaries. They can use these funds, penalty-free, to cover funeral expenses and more. Roth 401(k) holders can pass down their funds tax-free.
9. Corrective distributions of excess contributions can be made in a tax year where you accidentally contributed too much and surpassed the contribution limit.
10. You may be able to withdraw some funds for birth or adoption expenses.

Remember, most of these exceptions may relieve the 10% early withdrawal penalty under certain circ*mstances, but they also may not. However, they will all be subject to income taxes if you’re working with a traditional 401(k).

It’s essential to be aware of the tax implications and consult a financial advisor to ensure you make the best decision for your financial future. In any case, using your 401(k) funds should be seen as a last resort.

Accessing 401(k) Funds While Still Employed

While still employed, you may access your 401(k) funds through hardship withdrawals, in-service withdrawals, or 401(k) loans.

Hardship withdrawals are allowed in certain situations, such as financial hardship due to excess medical expenses or funeral costs. Depending on the situation, a hardship withdrawal may still be subject to penalties, in additional to normal income tax.

In-service withdrawals are typically permitted after a certain age (typically 59 1/2) or under specific circ*mstances.

• Separately, 401(k) loans aren’t withdrawals, but they are a way to access your 401(k) funds while you’re still employed. 401(k) loans allow you to borrow against your account balance with repayment conditions. There are also potential risks, including reducing your retirement savings, losing out on market gains, increasing your tax burden, and owing interest charges.

Tax Implications of Cashing Out 401(k)

Cashing out your 401(k) before age 59½ usually comes with tax consequences and a 10% early withdrawal penalty. Early withdrawals will be added to your annual gross income, thereby increasing your taxable income and potentially your tax bracket.

Because your contributions were made tax-deferred, you’ll have to pay income taxes when you withdraw money. Plus, you’ll owe an additional penalty fee if you withdraw early.

How can you avoid this? You can wait until retirement age to make penalty-free withdrawals. Or, if you want to move your former employer’s 401(k) to a new account, you can make a direct rollover with no tax penalty or consequence for your tax return in most cases.

Consult a qualified financial advisor before making any decisions.