16 Jul 2024
I Need It Now! Taking a Look at IRS Guidance on Emergency Personal Expense Distributions
The SECURE 2.0 Act added an exception to the 10% early distribution penalty tax under I.R.C. § 72(t) for "emergency personal expense distributions" from a defined contribution plan. The exception, discussed under I.R.S. Notice 2024-55, recognizes that 401(k)/403(b)/457(b) savings may be the primary savings a participant has and sometimes participants need money fast. The recent IRS notice keeps the 10% penalty tax from applying to these distributions, which are limited to $1,000 and once-a-year.
Related Content
- Qualified Retirement Plan Distribution Rules
Review retirement plan qualification requirements that relate to plan distributions under the IRC and ERISA. A principal purpose of the requirements is to help ensure that the benefits of the plan will be available as a resource for the participant in their retirement and not dissipated earlier. - SECURE 2.0 Act Implementation Timeline for Retirement Plan Sponsors
Learn how, beginning in 2024, sponsors of 401(k), 403(b), and eligible 457(b) plans may allow participants to receive in-service distributions for necessary expenses incurred due to an unforeseeable or immediate financial need relating to a personal or family emergency. Plan administrators may rely on a participant attestation in allowing the distribution. The emergency distribution is similar to taking a distribution from a participant’s pension-linked emergency savings account (PLESA), also introduced by the SECURE 2.0 Act. There, defined contribution plans can offer non-highly compensated employees a chance to save up to $2,500 in the plan using designated Roth contributions.
Practical Guidance Updates
Featuring the latest updates from your Practical Guidance account.
- Employee Benefits & Executive Compensation Key Legal Developments Tracker (Current)
Stay informed on new developments.- Retirement Plans. Two California district courts have disagreed on defined contribution plan forfeiture provisions in ERISA class actions that challenge reallocation provisions each of which benefitted the employer, not plan participants. Perez-Cruet v. Qualcomm Inc., No. 23-cv-1890-BEN (MMP), 2024 U.S. Dist. LEXIS 93522 (S.D. Cal. May 24, 2024); Hutchins v. HP Inc., No. 23-cv-05875-BLF, 2024 U.S. Dist. LEXIS 107306 (N.D. Cal. June 17, 2024).
- Executive, Incentive, and Equity Based Compensation. Following the U.S. Supreme Court’s ruling limiting federal agency power under the Chevrondoctrine, a Texas district court granted a preliminary injunction to postpone the effective date of the FTC’s nationwide prohibition on noncompetes. Ryan LLC v. FTC, Civil Action No. 3:24-CV-00986-E (N.D. Tex. July 3, 2024).
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