Can a Company Keep You From Withdrawing Your 401(k)?


A 401(k) plan is a financial tool that allows you to save a percentage of your pre-tax dollars for retirement. And, because life is unpredictable, you are allowed to take out loans and make withdrawals against your plan when in need. However, not all companies allow this.

Employers can legally keep you from withdrawing your 401(k) depending on the plan’s policy. Some plans do not allow withdrawals or loans. In some circumstances, employers can place a temporary hold on funds in the account after the employee leaves the company.

This article will explain some different reasons why you may not be able to withdraw from your 401(k) plan and what happens after you leave the company. I’ll also give you some alternatives to 401(k) plans that may be worth the consideration.

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How Companies Keeps You From Withdrawing 401(k)?

There is no debate that a 401(k) is a great savings tool for retirement. It helps both your future self and your present by reducing how much you’re taxed. However, this nest egg can lead to frustration if you need to access it ahead of time. 

Like most employee benefits, 401(k) plans vary by employer, and so do their terms. And although you fund the majority of the account, there are certain situations in which you would not be able to withdraw. Check out some of the most common reasons below.

Your Plan Doesn’t Allow Loans/Withdrawals

Some companies allow employees to make general withdrawals or take out loans against their 401(k) plans. When taking out a loan, you agree to pay back the amount you took out with added interest, and this amount is then redeposited into the account over time.

However, companies are not required to do this. Therefore, if it is not explicitly listed in your plan policy, you will not be able to take a general withdrawal or loan from the account. 

Additionally, some plans allow you to apply for a hardship withdrawal when you are in dire need of funds. This hardship must be proved by providing the required documents. Yet, even these withdrawals are not required and may not be offered by some companies. 

You Have an Outstanding Loan Balance

If your employer does allow loans or withdrawals from the account, they may have regulations for doing so. For instance, some plans stipulate that you can only have 1 or 2 outstanding loans, and until they are paid in full, you can not access funds. 

This can also apply after you have terminated employment there. Some companies even require you to repay the loans within two months of leaving, and if you don’t, you will incur penalties and a reduction of the vested account balance.

There’s a Waiting Period Before Getting the Funds

When you contribute to a 401(k) plan, that money legally belongs to you, meaning that when you decide to leave the company, it will remain under your ownership. However, this is not always true about the money that your employer contributes. 

This is called vesting. Some companies require you to be working for a certain period before you have access to these funds. Therefore, although these funds appear to be available to you in your account, they can not be withdrawn.

This method protects companies from investing in individuals who get hired and quickly leave the company.

The Funds Are Temporarily on Hold

There are some instances in which companies may place a temporary freeze on the funds in your retirement account. During this period, you cannot access any funds until it is released. 

This usually happens when the company is undergoing a merger. Unfortunately, there is no regulation on how long the company can freeze the funds. However, during this period, your 401(k) will still be active. It will remain in this status until the employer decides what to do with your plan. 

They can either decide to:

  • Roll it over into a new plan.
  • Keep the existing plan.
  • Terminate the plan and write you a check.

What Happens to 401(k) After You Leave the Company?

After you have left the company, a couple of things can happen to your 401(k). The most important thing to know is that the money remains under your ownership unless there are discrepancies between you and the employer. 

However, you will have to choose what happens to it. Here are some of those options:

Withdraw the Money

You can choose to withdraw the funds from the account but keep in mind that this isn’t free money. You will have to pay hefty taxes on the amount distributed. First, you will have to pay income taxes, and if you are 54 or younger, you will have to pay an additional early distribution tax of 10%. 

Leave It There 

You can also choose to keep the money in the plan. This may be a good option if you’re satisfied with the terms or if you’re planning to roll it over later. However, if the balance is over $5,000, the company could require you to remove the money.

Roll It Over to a New Account

Lastly, you can decide to take your money with you. You can do so by rolling it over to a 401(k) plan with a new company or investing it in an Individual Retirement Account (IRA). You can open these accounts with most financial institutions as well as brokers.

What Other Retirement Saving Options Do I Have?

You may want to consider the IRA if you would rather not deal with the potential restrictions of a 401(k) plan. An IRA is a self-funded retirement account that allows you more control over your money with great tax advantages.

Here are the most popular types of IRA accounts. 

Traditional IRA 

Once opened, a traditional IRA can be funded with pre-tax dollars. At tax time, you may be able to deduct these contributions. Much like a 401(k), these deposits and earnings grow tax-deferred until you withdraw them later in life. 

A drawback of IRA accounts is that as of 2021, the maximum contribution is $6,000 annually, while a 401(k) is 19,500.

Pros

  • Almost anyone is eligible to contribute.
  • You can enjoy tax-free growth.
  • You can deduct contributions at tax time.
  • You control it.

Cons

  • You can’t contribute as much as a 401(k).
  • There are penalties for early withdrawal.
  • You have to begin withdrawals starting at age 72.

Roth IRA 

A Roth IRA gives you much more flexibility for withdrawals. You fund the account with after-tax dollars, and you can not claim contributions on your taxes. However, in exchange, you can enjoy tax-free growth and tax-free withdrawals in retirement. 

Pros 

  • You manage it yourself.
  • You’ll get tax-free growth.
  • You can withdraw your contributions without penalties.
  • There are no mandatory withdrawals.

Cons

  • You can’t contribute as much as a 401(k).
  • You have to pay taxes upfront.
  • There are income limits for eligibility.

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Conclusion

There are some circumstances in which companies can legally keep you from withdrawing funds in your 401(k). If their policies do not allow withdrawals, you have an outstanding loan balance, or if funds are inaccessible for some time, they are not required to release funds to you. 

However, once you are no longer employed there unless there is a dispute between you and the employer, you have many options for managing your funds, including rolling them over to an IRA.

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    Navdeep Singh

    Navdeep has been an avid trader/investor for the last 10 years and loves to share what he has learned about trading and investments here on TradeVeda. When not managing his personal portfolio or writing for TradeVeda, Navdeep loves to go outdoors on long hikes.

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