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It’s My Money, Why Can’t I Just Take it Out of My 401(k) Account?

It can be tempting to turn to the nest egg you have saved for cash. But, can you and should you?

A 401(k) plan is a retirement savings account sponsored by an employer. The 401(k) gets its name from the section of the tax code that regulates them. These plans came into being in the 1980’s as the costs of pensions grew.  (http://guides.wsj.com/personal-finance/retirement/what-is-a-401k

While some plans do include an employer match to contributions, the bulk of the monies are from the employee. Contributing is easy because the money is deducted directly from the employees pay. 

While the 401(k) savings are earmarked for retirement, employees sometimes turn to these accounts for resources. I have had employees shocked when they are told they can’t just withdraw funds. 

“But it is MY money,” I have heard. “I’ll just pay the penalty.”  Unfortunately, it does not work that way. The IRS governs how these accounts operate and stipulates that, for a current employee, withdrawals can be made only for hardship reasons. They outline the reasons as follows:

  • Expenses for medical care previously incurred by the employee, the employee’s spouse, or any dependents of the employee or necessary for these persons to obtain medical care;
  • Costs directly related to the purchase of a principal residence for the employee (excluding mortgage payments);
  • Payment of tuition, related educational fees, and room and board expenses, for the next 12 months of postsecondary education for the employee, or the employee’s spouse, children, or dependents;
  • Payments necessary to prevent the eviction of the employee from the employee’s principal residence or foreclosure on the mortgage on that residence;
  • Funeral expenses; or
  • Certain expenses relating to the repair of damage to the employee’s principal residence.( http://www.irs.gov/retirement)

Further, the employee must provide proof to the employer plan trustee substantiating the request. There are, of course, additional rules and requirements as defined by the IRS and the employer. 

An alternative employees will take advantage of is a 401 (k) loan. Check with your employer for your plans loan specific provisions. Keep in mind, loans must be repaid, with interest. 

While the payments do go back into the employees account, the time value of money is lost. Why is that important? Stephen Michaels, Retirement Specialist at SmithBrothers in Glastonbery, CT explains, “Dollar cost averaging is the only way to make money in the long term. Putting money into an investment on a regular basis helps leverage the cost basis and reduce overall volatility.” 

In addition, there is a major taxable risk to taking a 401(k) loan.  If your employment terminates the loan must be paid back within 60 days or it goes into default. In some cases the taxes and penalties on a defaulted loan can exceed 40% of the original loan amount. 

Michaels shared that, in his experience, the reason people turn to their 401(k) for money is they are living above their means. No one wants to hear that, but it is usually the case. “The best financial advice I can give is reduce your expenses.”  

For individuals who have no other savings, there are instances when there is an immediate need to borrow from your plan. For example, the furnace breaks or your car needs expensive repairs. Other than those exceptions, stay away from the 401(k) savings.      

On a side note, happy 21st birthday to my nephew Daniel. You are officially an adult, start saving for retirement! 

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Lisa Jenner May 19, 2013 at 05:57 pm
I also agree with Mr. Venditti with his assessment that more money does not necessarily mean betterRead More education. The districts to which we like to compare ourselves outperform us in many areas, and they do so at a better cost. Our BOE and administrative team need to look at other districts and learn from them.
Lisa Jenner May 19, 2013 at 05:51 pm
I agree with Mr. Venditti regarding the tax burden in Briarcliff, and, as usual, I disagree with Mr.Read More Valenti. My oldest son, a Briarcliff High School graduate, has secured a job in Westchester and is looking to purchase his first home. Briarcliff is not even in the running for him, because the taxes are so high. He is looking in nearby communities where the taxes are not so burdensome. While this story is anecdotal, it does support the statement that potential buyers steer clear of Briarcliff because of the taxes.
Mike Valenti May 19, 2013 at 04:59 pm
Mr. Venditti and his crew are the same folks who sponsored the likes of Janet Marinaccio, GuyRead More Rotundo, Eric Bashford and Rosella Ranno. The community has spoken loud and clear in the last several elections as candidates sponsored by this group have been soundly defeated. The track records (and more importantly the comportment) of the aforementioned board members spoke volumes as to the agenda of this group. They are out of touch and out of clout. The community has made it clear that candidates sponsored by this group must never again control our school board. Continued...
Mike Valenti May 19, 2013 at 02:53 pm
Mr. Linder, This is YOUR post folks are responding to and your ideas. I find it curious at bestRead More that you began a public forum comment blog but advocate throughout your responses that the discussion should be taken off-line and out of public view. this really doesn't position you well as an advocate for transparency.
Sonny (Louis) Linder May 18, 2013 at 05:07 pm
CORRECTION TO LAST POST: The last sentence should read: "Let's continue to share, butRead More face-to-face." Thx - Sonny
Sonny (Louis) Linder May 18, 2013 at 06:06 am
Thanks, Jon - you raise important considerations and in a calm, dispassionate way, which IRead More appreciate. As for alternative funding mechanisms, in hindsight I believe they should have been examined and addressed this earlier this year had the decision-making been opened up to the public in a completely bidirectional manner much earlier in this year's budget cycle. A real take-away from this situation, in my opinion, is that we in the community were not given the opportunity to sit down together with sharpened pencils in a public forum and allowed to vet and actually challenge the Administration's assumptions in order to arrive at budget alternatives with the Administration and Board. The comparison you make with Washington is indeed apt in that it reflects the way decisions have slid back to being made in a vacuum and handed down to the voters instead of in a democratic fashion based on budget-to-actuals instead of budget-to-budget figures combined with the practice of over-reserving for expense items while under-estimating revenues. Although the Board did indeed reach out to me and 2 others asking for suggestions, when we re-iterated our request for an open meeting format to include other financially savvy community members, these requests were consistently ignored. Which is why we are in the current position we are in having to decide on Tues on a tax levy cap-busting budget requiring 60% super-majority. Which the public will decide, of course, and we will live with the consequences: either it passes, or the Board and Administration will be forced to rein in the excesses. And much as I love open debate, I restate that online posting leaves does leave a lot to be desired. Let's continue to share, but not face-to-face. Respectfully - Sonny
JanFisher May 17, 2013 at 10:55 pm
It is so wonderful that, recognizing the importance of STEM and following the recommendation of ourRead More educators, Sal Maglietta and Jon Satran agreed to bring on the district's first director of instructional technology.
McKey Rivers May 10, 2013 at 07:36 pm
Thank you Dr. Sternberg for your thoughtful letter. You hit on an important facet of this electionRead More few if any others have stated: electing Mr. Wasserman and/or Mr. Linder will provide the added benefit of diversity of thought as the Board continues to address difficult, ongoing educational and financial issues. There is a woeful absence of synergy produced by articulation of different views among the current Board members. The absence of a “check and balance” on the current Board is reflected in the inexplicable decision to cancel the May 13 BOE meeting (scheduled since last summer), which is the last meeting prior to the May 21 budget vote and board election. Is there no business for the Board to conduct at this critical juncture or could it be that the Board does not want Briarcliff residents to hear members of the community question the Board about the proposed budget right before the election? Electing either Mr. Linder and/or Mr. Wasserman will immediately benefit the public as the highest vote getter will be seated on May 22 and thus participate in formulating a second budget for public vote that, notwithstanding current BOE scare tactics, can be tax levy compliant and not involve additional program elimination or reduction. There is no doubt that electing Mr. Wasserman and/or Mr. Linder to the Briarcliff School Board will substantially benefit the entire Briarcliff community and provide a much needed check on Board decision making.
Herman Sexton May 10, 2013 at 03:48 pm
Electing Paul Wasserman alone would add a diversity of thought. The guy hears at least a dozenRead More voices in his head. Have you ever spoken to him? Did you pay attention when he was running for Congress for a few weeks? Ugh.