Use of 401K distribution to payoff remaining 401k loan

[Wauzer62]

Can I take a distribution of funds left over in my 401K (most has been rolled over to IRA) to payoff remaining 401K loans still remaining after retirement? I am willing to pay the federal tax.  Is it permissible if not being used to pay off medical or education debts?

[Opus 17]

If you terminate your employment for any reason (including retirement) you have 60 days to pay off the remaining loan balance from cash from someplace else.  If you don't pay off the loan in 60 days, it will automatically be paid off as an offset distribution.  "deemed distribution." That means the outstanding balance will be converted to a distribution and you will get a 1099-R, and it will be taxable.  You don't actually need to withdraw cash, then pay it back -- the offset distribution takes that two step process and turns it into one step.

As long as you are age 55 or older in the year you terminate employment, there is no 10% penalty for early withdrawal, just normal income tax.  If you have money someplace else that you can use to pay off the loan, you might pay less tax (for example, if you sold stock from a regular investment account, you might pay 15% long term capital gains tax instead of 22% income tax).  That's up to you.  

[Wauzer62]

Well, no one from my company told me that or explained it during the retirement process. So here I sit with twice the amount of money in the 401k above the amount of the remaining 401k loans.  When I look at the site for the company, the only option available is a hardship withdrawal. 

[Opus 17]

---

@Wauzer62 wrote:

Well, no one from my company told me that or explained it during the retirement process. So here I sit with twice the amount of money in the 401k above the amount of the remaining 401k loans.  When I look at the site for the company, the only option available is a hardship withdrawal. 

---

If you are no longer employed by the plan sponsor, you can withdraw any amount you want any time for any reason, and just pay income tax.  (If you are under age 55, you will also pay a 10% penalty for early withdrawal.)  The limitation of withdrawals to hardships, only applies when you are still employed by the plan sponsor.  You can also do a tax-free rollover of the funds to an IRA that you can open at any bank or broker or financial advisor you trust.  That may give you more investment options.  

Regarding the loan, if it is more than 60 days, it should automatically be converted to an offset deemed distribution.

Call the plan trustee (fidelity, or whoever) rather than the employer.  

[dmertz]

If the plan uses value in the 401(k) to satisfy the loan after you have left the company, it would be done as an offset distribution, not a deemed distribution.  A deemed distribution does not satisfy the loan, it just makes the outstanding balance taxable.

[Opus 17]

---

@dmertz wrote:

If the plan uses value in the 401(k) to satisfy the loan after you have left the company, it would be done as an offset distribution, not a deemed distribution.  A deemed distribution does not satisfy the loan, it just makes the outstanding balance taxable.

---

Sorry, I got the terms confused.  The effect is the same.