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Sara H
Would anyone consider allowing a hardship withdrawal for a participant who would like to build a garage for his disabled wife so that she did not have to be "subject to the elements" when getting to and from her car?
Jim K
It really depends on your Plan Document. If your document allows for a safe harbor hardship provision only, then your particpants will be limited to receiving a hardship unless it is for: Purchase of a principal residence, to pay for medical expenses, tuition or to prevent eviction. This will also require that the participant cease making employee contributions for a 12-month period. If your document references facts and circumstances hardships, then you may have the added flexibility.
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