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401k and 403b Plans

Tax-deferred savings plans. In the case of Roth 401(k) plans, withdrawals are tax-free whereas contributions to standard 401(k) plans are pre-tax and profits are taxable at the time of withdrawal.

938 Questions

How do you rollover a 401k into an IRA if there is a loan against the 401k?

I had a client in the same situation. (I assume you are the person who took out the loan on your own 401(k) ) When the rollover took place, the amount of the outstanding loan was deducted from the rollover amount. So the loan was paid off when the rollover was made. As a broad example, if you had a 401(k) with $10,000 in it, and had a loan of $1,000 against it, the rollover would be for $9,000. So, your steps are (1) open a Rollover IRA and (2) contact your 401(k) administrator and ask for rollover paperwork.

Can you take money out of your 401k after you file bankruptcy?

Yes, but not until your discharge. If you take money out of a 401K after you file and before discharge, the money is no longer exempt and could be taken by the Trustee. If you take it out after your discharge the money is yours.

Would taking a loan from your current 401K account to pay off your credit card affect your credit history?

No. Loans from 401(k) accounts are not usually reported to credit reporting agencies, so it should not affect your credit history favorably, or negatively.

Is it possible to withdraw funds from a tax deferred 401k to pay off a second mortgage?

If you are over 59 1/2 you can withdraw money from your 401k for any reason.

If you are under 59 1/2 you can take a loan on the 401k in most cases.

Ask your 401k administrator about this.

Also, if you were thinking about taking a hardship withdraw to pay off your second mortgage, that isn't allowed. In terms of your house, hardship withdraws are only available to purchase a primary residence or to prevent eviction or foreclosure on your primary residence.

Would it be smart to invest in a Roth 401k plan if I am 20 years old living in an apartment?

Roth and 401k plans are separate investment vehicles. Roth IRA is offered to individuals who qualify. The Roth IRA has yearly contribution limits, and offers no present tax treatment. The benefit is in the end where the withdrawals are all tax-free (see age requirements for withdrawals without penalty). If a company offers a 401k as a benefit to it's employees, the contributions are usually "pre-tax." Therefore saving the employee immediate tax savings. Also inquire whether the company matches the employee's contributions, which is a great benefit.

Both plans are ideal for a twenty year old to start saving for future retirement needs. You have to compare the tax differences and whether a matching contibution is offered. It is possible to contibute to both. Once again the IRS has income limits to qualify. Create another investment strategy to start saving for your first home.

Do you have to own a business to have a Solo 401k?

To have a Solo 401k you have be the sole proprietor of a business, be in a partnership or establish a corporation. Essentially, you need to be self employed;not employed by another. To not have to file tons of paperwork, you should not have any employees except a spouse. If you have other employees, having a 401k becomes more complicated.

Can employee stock options be converted to a 401K without bad faith before filing a Chapter 7 Bankruptcy?

generally no. the only type of money that can be put into a 401k are payroll deductions, roll ins from other 401k's, traditional or Rollover IRA's and pensions. If the stock options are in one of these plans, call your plans service center to get your plans rules and procedures. It is rare for stock options to be in one of these plans. Also stock options have no real value until you exercise them (buy the stock).

Can you receive unemployment benefits while receiving 401k benefits in Texas?

Yes, but it is possible that Texas MAY deduct from your unemployment benefits that portion of your 401k that was contributed by the employer. Check the Related Link below and the Texas 'office to determine their criteria.

How do you draw Florida?

When drawing Florida, attention must be given to its geographic characteristics. Florida is a peninsula, so should be drawn as a roughly long, thin, triangular shape, that can then have details added and changed until the desired result is produced.

What was Shirley Chisholm famous for?

Shirley Chisholm is famous for being the first black congresswoman. She was elected in 1968 and represented New York. She ran for President in 1972.

Did Shirley Chisholm get marry?

Shirley Chisholm married to Conrad Chisholm in 1949 Shirley Chisholm married to Arthur Hardwick, Jr. in 1977

How does 401k disbursement affect unemployment in Texas?

In some states your unemployment benefits would be offset by the disbursement, especially that part of it which was contributed to by your employer. This is generally done in the week received against the week you got benefits.

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This depends on what state you work in. Some are very liberal and others deduct pensions, retirements, Social Security, etc. so you need to contact your own state's employment office to find out what yours would do.

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Some states offset your unemployment by a portion (usually the employer's contribution) and others aren't effected.

Is 401K savings considered earned income while collecting Social Security?

No. Distributions from a 401k are unearned income for Social Security purposes, and do not affect the benefit amount you receive under regular SS retirement or SSDI (disability) programs. Only SSI (Supplemental Security Income, a form of welfare) payments are means-tested and offset by either earned orunearned income.

Can 401k be taken in civil lawsuit?

Yes, a 401(k) plan may be seized by a judgment creditor after a civil lawsuit even though you personally are not entitled to take the funds out without a tax penalty. If the 401(k) is seized, you will probably have to pay the taxes and penalties just as if you had taken out the funds yourself and used them to pay the judgment creditor.

What happens if you chose to leave your job while still having a workmans comp claim with the company that you want to leave?

If a person decides to quit a job while getting workers compensation, it is best to contact the company to see what policies they have concerning the situation. It is also good to seek legal assistance for any concerns.

How are supplemental executive retirement plans SERP taxed once the benefit is received?

There are many different ways they can be set up, and many different vehicles for the funds...but generally: On set up the money put in them is NOT taxed to the employee, although the payroll handling, from the companies side, may be different. (Also certain parts of things like FICA may need to be paid up front). The executive is defferring the income...not getting it now, not getting taxed on it now. When it is withdrawn/paid out, the original salary is taxable as is the investment growth. It is normally all taxed as ordinary income, even though the investment portion may have received a capital gain treatment...however, depending on the exact set up, sometimes the gain and salary can be differentiated and is taxable as each type. The SERP administrator should explain how and why the specific plan your in works.

If you've been married for seven years are you entitled to half of your spouse's pension benefits?

yes No...not by default -you might have been married 10 years, but spent 9 of those years overseas, living away from your spouse working a $400,000 per annum job, while your spouse taught grade school for $34,000 per year and kept the kids. Do you think you'd get awarded 50% of a school teacher's pension in this case? Slim chance! ..Such is a very often misconception when dealing with the military especially. People think that just because you've been married 10 years that a spouse (usually the wife) *automatically* gets 50% of the man's retirement. This is furthest from the truth. What is true is that once married 10 years, the spouse (usually the wife) qualifies to have her court ordered portion of the retirement check (if anything) sent directly to HER... verses relying on her former husband to give up her share monthly as ordered by the court. You can be married 20 years, and the court award you nothing out of your spouse's retirement. It totally depends on the contributing factors of the divorce, details of the marriage, etc. You can be married 15 years and the court award you only 5% of your spouse's retirement. *Remember... just because you're "eligible" for something, doesn't meant that you'll get it awarded to you automatically in court.

Can you receive unemployment benefits while receiving 401k benefits in California?

Apparently, the money you put in a 401K Plan and withdrawn would not be deducted from unemployment benefits, but possibly that contributed by the employer may be deducted. It is best to contact the unemployment office and find out for sure. The Related Link below gives more detail. 401K is similar in many respects to pension payments

You have been laid off for 5 months and your company wont release your 401 K?

Has your employment actually been terminated, or are you simply "on furlough" but still eligible to come back to full employment without a re-hiring procedure? Your actual 'employment status' MAY make a difference.

You may have to consult with legal counsel to determine under what grounds your emplioyer is withholding your 401 account from you.

Are you officially retired after 30 years with a company if you take a retirement fund but continue working?

You could call it officially retired from your old job or company since you did take a retirement fund but you continue working.

You could call it semiretired just what ever you want to call it.

How much can a person of retirement age withdraw from his retirement funds before their is a penalty?

For retirement accounts that are not annuity based, generally, there are minimum required amounts you must withdraw but no limits or caps on the maximum amount you can withdraw (unless you are under 70 1/2) Just keep in mind that it all may be subject to income taxes and you are giving up the benefit of tax deferred growth.

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Retirement benefits that are annuity based may or may not allow lump sum withdrawals, but if they do the amount will be reduced.

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As always, there are exceptions, so please seek additional advice before withdrawing your retirement funds.

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IRS Circular 230 disclosure (pursuant to U.S. Treas. Regs. governing tax practitioners): Any tax advice contained in this communication (including any attachments or enclosures) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.

You worked for woolworths in Hornell N Y and you need info on your retirement fund?

Foot Locker, Inc. (NYSE: FL) is a major American sportswear and footwear retailer, with its headquarters in New York City, and operating in approximately 20 countries worldwide. Formerly known as Venator Group, Inc., it is the successor corporation to the F.W. Woolworth Company ("Woolworth's")

Certainly it was your obligation to keep track of what you had coming an notify them of changes in address, etc. Try contacting Foot Locker, who is a successor of the Co about it. Go to the Pension Benefit Guaranty Corporation and ask some questions. Here is a link that gives tips on finding these pensions: http://www.pbgc.gov/docs/Finding_A_Lost_Pension.pdf

Can you withdrawal funds from a 401k beginning at age 55 if you are retired at 55 without incurring penalties?

First, the general advice is do not do this. Unless you have a detailed plan which enables you to have enough funds in retirement even after tapping your 401k early, do NOT remove funds early.

Now, with that advice out of the way, the answer is yes, you can withdraw funds from a 401k at age 55 if you are retired without any penalty. You WILL pay income tax on the amount as ordinary income.

This is a provision under exceptions to the penalties for early withdrawal.

If you follow the usual advice from financial "professionals" you will be told to roll the 401k money into an IRA, then the "professional" financial advisor can manage your money, make it grow for you and earn fees and commissions for the financial "professional." Your financial professional may be unaware of this exception or may just believe it isn't wise to tell you about it. Ask him/her to look it up. They will come back to you and verify the exception exists.

You must 1. separate from your employer in the year you turn 55 (or later)

2. keep the money in the 401k plan (not all plans co-operate allow this) 3. applies only to the plan from employer you left at 55: not previous

employers or plans