Skip to main content

Everything You Need To Know

401(k) Savings Plan

In its simplest form, a 401(k) plan is an employer-sponsored retirement savings plan that allows you (the employee) to contribute a portion of your paycheck into a long-term investment account through automatic payroll deductions. Participating in a 401(k) plan offers numerous benefits, including the potential for your employer to match a portion of your contributions—often serving as a strong incentive to save more for your future. Additionally, 401(k) plans provide distinct tax advantages based on contribution type: Traditional (pre-tax) contributions grow tax-deferred, with taxes payable upon withdrawal, while Roth (after-tax) contributions grow tax-free, provided withdrawals comply with IRS regulations.

During your career, you may encounter two primary 401(k) plan structuresdiscretionary match (where employer contributions vary by policy) and safe harbor (which requires specific contributions to meet IRS nondiscrimination standards) — each designed to suit different employer strategies.

Your 401(k) plan may be a vital element of your future financial security. To optimize its benefits, we encourage you to periodically review your plan’s features and performance. Detailed information is available in the Summary Plan Description (SPD), a document provided to all participants. The SPD outlines critical details, including eligibility requirements, contribution limits, investment options, and vesting schedules – empowering you to make well-informed decisions about your retirement strategy. For questions about the SPD or your 401(k) plan, we invite you to schedule a consultation with us for tailored, expert guidance.

Summary Key Points

  • A practical, automated way to save for long-term retirement goals through payroll deduction
  • An employer-sponsored retirement plan offering tax advantages (Traditional or Roth options)
  • Potential employer matching contributions to boost your savings

Contributions

As a participant, you have the flexibility to determine how much of your paycheck to contribute to your 401(k) account, subject to annual IRS contribution limits. A 401(k) has no maximum age restriction for contributions—even if you are over age 73—allowing you to continue saving as long as you are employed, earning compensation, and meet your plan’s eligibility criteria. Historically, the average employee contribution rate has hovered around 7.4%; however, at TrustTas Capital, we recommend targeting 15–20% of your gross income to optimize long-term retirement growth, depending on your financial circumstances and goals.

Your employer may further bolster your savings through matching contributions, typically based on a percentage of your own contributions, as outlined in your plan’s terms. The overall value of your 401(k) account will therefore reflect a combination of your contributions, any employer match (subject to vesting schedules), and the performance of your chosen investments.

Plan Eligibility

Eligibility refers to the conditions you (the employee) must meet to participate in your 401(k) plan, as determined by your employer (the plan sponsor). The IRS sets minimum standards that employers must adhere to, though some plans may adopt more favorable terms at the employer’s discretion. Generally, you are eligible to participate if you satisfy the following IRS minimum requirements:

  1. Reached age 21
  2. Have at least 1 year of service (defined as 1,000 hours)
    • Some traditional 401(k) plans may require 2 years of service for eligibility to receive employer contributions, provided the plan ensures 100% vesting after no more than 2 years. However, employees must be allowed to make elective deferral contributions after no more than 1 year of service.

Your employer may implement a uniform eligibility policy or establish distinct requirements for different contribution types, such as employee elective deferrals and employer matching contributions. For instance, a plan might offer immediate eligibility for elective deferrals while requiring one year of service (1,000 hours) to qualify for employer matches. Once you meet all applicable eligibility criteria, your initial eligibility date is set, and participation begins on the next entry date outlined in your plan documents.

To understand your plan’s specific eligibility rules, consult your Summary Plan Description (SPD) or contact your plan administrator.

Plan Entry Date

Once you satisfy the age and service requirements for eligibility, IRS regulations dictate the maximum time your employer (the plan sponsor) may delay your participation in the 401(k) plan. An eligible employee must begin participating by the earlier of the following dates:

  • The first day of the plan year following the date you meet the minimum age and service requirements
  • Six months after the date you satisfy those requirements

For example, many calendar-year plans—those operating on a January 1 to December 31 cycle—use dual entry dates, such as January 1 and July 1, to ensure participation begins within six months of eligibility. However, some plans offer more frequent entry opportunities, such as daily, monthly, or quarterly dates, depending on the employer’s design. The specific entry date rules for your 401(k) plan are detailed in your plan documents or Summary Plan Description (SPD), as these provisions vary by plan. We recommend reviewing these materials or consulting your plan administrator to confirm your exact entry date.

Contribution Limits

Contributions to your 401(k) plan are subject to IRS-imposed limits, capping both employee and employer contributions. Your employer’s contributions—such as matching or nonelective amounts—are typically limited to 25% of your eligible compensation. Your own contributions, known as elective deferrals, are capped at the lesser of 100% of your compensation or the annual IRS limits outlined below.

↳ For Tax Year 2025

Contribution Limits
Employee Elective Deferral Limit $23,500
Employee Catch-up Contribution (age 50–59 by year end) + $7,500
Employee Catch-up Contribution (age 60–63 by year end) + $11,250
Employee Catch-up Contribution (age 64+ by year end) + $7,500
Total Contribution Limit Under Age 50 (employer + employee) $70,000
Total Contribution Limit Between Age 50–59 (employer + employee) $77,500
Total Contribution Limit Between Age 60–63 (employer + employee) $81,250
Total Contribution Limit Above Age 64 (employer + employee) $77,500
Annual Compensation Limit $350,000
* Employer + employee total contribution limits include all sources from deferrals, matching and profit sharing contributions

↳ For Tax Year 2024

Contribution Limits
Employee Elective Deferral Limit $23,500
Employee Catch-up Contribution (age 50+ by year end) + $7,500
Total Contribution Limit (employer + employee) $69,000
Total Contribution Limit Age 50+ (employer + employee) $76,500
Annual Compensation Limit $345,000
* Employer + employee total contribution limits include all sources from deferrals, matching and profit sharing contributions

Employee Elective Deferrals

Employee elective deferrals are contributions you (the employee) authorize to be deducted directly from your paycheck and deposited into your 401(k) plan. These are typically expressed as a percentage of your compensation, though some plans allow you to specify a fixed dollar amount. You control the contribution level, within IRS limits, and may adjust it periodically based on your plan’s procedures. Depending on your plan’s offerings, you may choose between two types of elective deferrals:

  1. Traditional – Pre-tax contributions reduce your taxable income in the year they are made, allowing your investments to grow tax-deferred. Taxes are due upon withdrawal, typically in retirement. This option is often preferred by high-income earners who anticipate being in a lower tax bracket after retiring.
  2. Roth – After-tax contributions are made with income already taxed, but the earnings grow tax-free. Qualified withdrawals—those made after age 59½ and a minimum five-year holding period—are exempt from taxes. This choice may suit those expecting a higher tax bracket or rising tax rates in retirement.

Not all 401(k) plans offer Roth elective deferrals; some limit participants to Traditional contributions only. To confirm your options and any additional rules, such as contribution adjustments, refer to your plan documents or Summary Plan Description (SPD).

Employer Contributions

An employer match is a contribution made by your employer to your 401(k) account, typically based on the amount you contribute through elective deferrals. In recent years, the average employer match has been approximately 4.6% of employee compensation, though this varies by plan and employer policy. Depending on your 401(k) plan’s provisions, you may have the option to designate employer contributions as either pre-tax (Traditional) or after-tax (Roth), provided your plan permits this flexibility.

If you elect for employer contributions to be designated as Roth, the matched amount is treated as taxable income in the year it is deposited into your account, unlike pre-tax contributions, which are tax-deferred. However, under IRS rules, employer matching contributions can only be designated as Roth if they are 100% vested at the time of allocation. If the contributions are subject to a vesting schedule (i.e., not fully vested), they must be treated as pre-tax (Traditional) and cannot be designated as Roth until fully vested. Some plans do not offer this choice, defaulting all employer contributions to pre-tax (Traditional) status. To determine your plan’s options, review your Summary Plan Description (SPD) or consult your plan administrator.

Employer matching contributions typically follow one of two methods:

Discretion Match – Flexible, employer-determined contributions

A discretionary match refers to employer contributions to your 401(k) plan that are determined at the employer’s discretion, offering flexibility in amount, timing, and formula. Many plans outline a “fixed” discretionary matching contribution in their plan documents, establishing a predictable schedule and formula. For example, the document might state: “The Company will provide a discretionary matching contribution equal to 50% of each participant’s elective deferrals, not exceeding 6% of the participant’s eligible compensation, contributed biweekly.” Despite this “fixed” structure, the discretionary nature allows employers to amend the plan—subject to proper participant notice and IRS guidelines—to suspend or adjust these future contributions if business needs change.

Alternatively, some employers opt for a fully discretionary approach, delaying the final matching formula determination until the end of the plan year. This must be permitted by the plan documents, which might include language such as: “The Company will establish a discretionary matching contribution formula annually, finalized no later than December 31 of the plan year, based on each participant’s elective deferrals up to 6% of compensation.” This flexibility enables employers to align contributions with financial performance or strategic priorities.

The specifics of your 401(k) discretionary match—whether “fixed” or fully discretionary—are detailed in your plan documents or Summary Plan Description (SPD). Contribution timing also varies by plan: employers may deposit matches per payroll period, quarterly, or annually, with the IRS requiring all discretionary contributions for a plan year to be deposited no later than the tax filing deadline, typically April 15 of the following year (or October 15 with a six-month extension).

Important Note: Some plans include a “last day” provision, requiring you to be employed on the last day of the plan year (e.g., December 31 for calendar-year plans) to receive the discretionary match. Check your SPD to confirm if this applies.

Safe Harbor Contributions – Mandatory contributions to meet nondiscrimination rules

Unlike discretionary matching contributions, which must pass nondiscrimination tests to avoid corrective refunds or additional contributions, safe harbor 401(k) plans bypass these requirements by mandating specific employer contributions. These contributions—either matching or nonelective—are deposited into your account on a schedule determined by the plan, such as per payroll, quarterly, or at year-end for matches, and typically at year-end or early the following year for nonelective contributions. The IRS permits deposits as late as December 31 of the year following the plan year, though plans often target late February to maintain safe harbor status and testing relief.

Important Note: Safe harbor plans cannot impose a “last day” employment provision, meaning you receive these contributions even if you’re not employed on the last day of the plan year.

To Qualify As A Safe Harbor Plan – your employer must commit to one of the following contribution types, which are detailed in the tabs below:

(1) Basic Match

Basic Match – The basic match provides a 100% match on the first 3% of your compensation deferred, plus a 50% match on deferrals between 3% and 5%. This yields a maximum employer contribution of 4% of your compensation if you defer at least 5%.

EXAMPLE: You defer 10% of your $100,000 annual salary. The employer uses the basic match formula:

  1. $100,000 * 3% = $3,000
  2. $100,000 * 2% = $2,000 * 50% = $1,000

Total employer contribution is $4,000 and you (the employee) contributed $10,000.

(2) Enhanced Match

Enhanced Match – The enhanced match must be at least as generous as the basic match at each tier and cannot apply to deferrals exceeding 6% of compensation. A common formula is a 100% match on the first 4% of compensation deferred.

EXAMPLE: You defer 10% of your $100,000 salary. The employer applies a 100% match on the first 4%:

  1. $100,000 * 4% = $4,000

Total employer contribution is $4,000 and you (the employee) contributed $10,000.

(3) Non-elective

Non-elective – Unlike matching contributions, the nonelective safe harbor contribution does not depend on your elective deferrals. The employer contributes at least 3% of your compensation, regardless of whether you participate.

EXAMPLE: You choose not to defer any of your $100,000 salary. The employer provides a 3% nonelective contribution:

  1. $100,000 * 3% = $3,000

Total employer contribution is $3,000 and you (the employee) contributed $0.

(4) QACA Match

QACA Match –A QACA safe harbor plan features automatic enrollment with a minimum match of 100% on the first 1% of compensation deferred, plus 50% on the next 5% (up to 6%). This totals 3.5% of compensation if you defer 6%.

EXAMPLE: You defer 10% of your $100,000 salary under a QACA plan:

  1. $100,000 * 1% = $1,000
  2. $100,000 * 5% = $5,000 * 50% = $2,500

Total employer contribution is $3,500 and you (the employee) contributed $10,000.

For details on your plan’s safe harbor provisions, including contribution timing and formulas, consult your Summary Plan Description (SPD) or plan administrator.

Vesting Schedules

Vesting refers to the process by which you gain ownership of employer contributions to your 401(k) account. While your own elective deferrals are always 100% vested—meaning you retain full ownership regardless of employment status—employer contributions may be subject to a vesting schedule. If you leave your employer before becoming fully vested, you may forfeit some or all of these contributions, making it essential to understand your plan’s vesting rules to protect your retirement savings. Full vesting may also occur under specific conditions, such as plan termination or reaching the plan’s normal retirement age, as outlined in your plan documents.

Below are the common vesting schedules for employer contributions:

Immediate Vesting

With immediate vesting, you gain 100% ownership of employer contributions as soon as they are deposited into your account. If you leave the company at any time, these funds remain yours without forfeiture.

IMPORTANT NOTE – Safe harbor 401(k) plans require immediate vesting for mandatory contributions (e.g., basic match, enhanced match, or 3% nonelective). However, QACA (Qualified Automatic Contribution Arrangement) safe harbor matches may use a two-year cliff vesting schedule. Additionally, if your employer makes discretionary contributions beyond the safe harbor minimum, those excess amounts may follow a separate, longer vesting schedule.

Cliff Vesting

Under cliff vesting, you are 0% vested during an initial service period—typically up to two years—and then become 100% vested on a specific date, often after three years of service. IRS rules cap cliff vesting at three years for employer contributions.

EXAMPLE: You work 2 years and 11 months, contributing $15,000 personally and receiving $5,000 in employer matches under a three-year cliff schedule. If you leave before completing three years, you retain your $15,000 but forfeit the $5,000 in employer contributions, as you are not yet vested.

Graded Vesting

Graded vesting incrementally increases your ownership over time, starting at 0% and reaching 100% after six years of service. A common schedule is 20% vesting per year after the first year: 0% after one year, 20% after two, 40% after three, 60% after four, 80% after five, and 100% after six. IRS rules require full vesting by six years for graded schedules.

EXAMPLE: Tyler’s employer offers discretionary matching contributions with a six-year graded vesting schedule, crediting a year of service for 1,000 hours worked in a calendar year. Tyler starts in June 2007 and leaves in August 2011, working at least 1,000 hours in 2007, 2008, 2009, 2010, and 2011 (five years). With $10,000 in employer matches accumulated, Tyler is 80% vested and retains $8,000 of those contributions, forfeiting $2,000.

To confirm your vesting schedule and any additional triggers for full vesting, review your Summary Plan Description (SPD) or consult your plan administrator.

Rollovers Into: 401(k) Plan

A rollover into your 401(k) plan involves transferring funds from another retirement account into your current employer’s plan, often for reasons such as consolidating accounts, reducing fees, accessing superior investment options, or addressing tax considerations. A direct rollover—also called a trustee-to-trustee transfer—moves funds directly between accounts, avoiding taxes and penalties if executed properly. However, eligibility for rollovers depends on your plan’s rules, so review your Summary Plan Description (SPD) or consult your plan administrator before proceeding.

Rollover Chart: Which Retirement Accounts Are Allowed To Be Rolled Into A 401(k) Plan

Type of Account Traditional

(pre-tax)
Roth

(after-tax)
Roth IRA No No
Traditional IRA Yes No
SIMPLE IRA Yes, after two year No
SEP IRA Yes No
Governmental 457(b) Plan Yes Yes ₍₃₎₍₅₎
Qualified Plan ₍₁₎ (pre-tax) Yes Yes ₍₃₎₍₅₎
403(b) Plan (pre-tax) Yes Yes ₍₃₎₍₅₎
Designated Roth Account (401(k), 403(b), or 457(b)) No Yes ₍₃₎₍₆₎

Additional Info: (1)(3)(5)(6)

(1) Qualified plans include, for example, profit-sharing, 401(k), money purchase, and defined benefit plans. (3) Must be included in income. (5) Must be an in-plan rollover. (6) Any nontaxable amounts distributed must be rolled over by direct trustee-to-trustee transfer

Rolling An Old 401(k) Into Your Current 401(k) Plan

If you start a new job and your current employer’s 401(k) plan permits rollovers, you may transfer funds from a previous employer’s 401(k). This consolidates your retirement savings while retaining 401(k)-specific benefits, such as potential loan options, compared to an IRA. Before proceeding, compare the investment options, fees, and rules of both plans, as you’re not required to roll over—you can leave the old 401(k) with its prior custodian after separation from that employer.

Keeping funds in a 401(k) rather than an IRA can also provide strategic benefits. For instance, it may simplify a backdoor Roth IRA contribution by avoiding the pro-rata rule, which aggregates all IRA balances to determine taxable conversion amounts. Additionally, if you’re over 73 and still employed, an active 401(k) can delay required minimum distributions (RMDs) until retirement, a flexibility not available with IRAs.

To confirm rollover eligibility and options, review your Summary Plan Description (SPD) or consult your plan administrator.

Rolling Over A Traditional IRA To Your Workplace 401(k) Plan (Reverse Rollover)

If your plan allows, you may roll a Traditional IRA (pre-tax contributions and earnings) into your current 401(k), known as a reverse rollover. This can be advantageous if you’re over 73 and employed, delaying RMDs until retirement, or if you seek to borrow from your 401(k) via a tax- and penalty-free loan (unavailable with IRAs).

Additionally, zeroing out IRA balances through a reverse rollover can facilitate a backdoor Roth IRA conversion by eliminating pro-rata rule complications. Only pre-tax IRA funds are eligible—after-tax amounts (e.g., nondeductible contributions) typically cannot be rolled into a 401(k).

For guidance on rollover options or plan-specific rules, consult your plan administrator.

Side Note: Roth IRAs cannot be rolled over into a 401(k) plan.

More on Rollovers: Individuals Can Perform a Rollover in The Following Ways

  1. Direct rollover – An account holder must request instructions from their plan administrator. Typically, a check is made payable to the new 401(k) or IRA custodian (e.g., “Fidelity Investments FBO [Your Name]”) and sent directly to the new plan. No taxes are withheld from the transfer amount because the funds do not pass through the individual’s hands.
  2. Trustee-to-trustee transfer – The trustee or custodian of one plan transfers the rollover amount directly to the trustee or custodian of another plan. This is common for IRA-to-IRA transfers. No taxes are withheld, and the individual does not take possession of the funds.
  3. 60-day rollover – If a distribution from an IRA or retirement plan is paid directly to you (e.g., a check in your name), you can deposit all or a portion of it into an eligible retirement plan within 60 days. For distributions from a retirement plan like a 401(k), taxes (typically 20%) are withheld, so you’ll need to use other funds to roll over the full pre-tax amount. For IRA distributions, taxes are not automatically withheld unless requested.
    • Note: Only one IRA-to-IRA 60-day rollover is allowed per 12-month period (this limit does not apply to direct rollovers, trustee-to-trustee transfers, or rollovers involving employer plans).

Investments

As a 401(k) participant, you (the employee) are typically responsible for directing the investments in your account. Your plan sponsor (your employer) — provides a lineup of investment options from which you select, often including mutual funds, index funds, target-date funds, or exchange-traded funds (ETFs). This lineup is curated by the plan sponsor or its appointed fiduciaries to meet your retirement planning needs while complying with ERISA guidelines. Many 401(k) plans offer tools like online portals with automatic rebalancing features, enabling you to maintain your preferred asset allocation over time based on your risk tolerance and goals.

In some cases, however, investment management is handled by plan officials or designated fiduciaries rather than participants. These professionally managed plans—sometimes called pooled or trustee-directed plans—allocate assets on behalf of all participants, often based on a standardized strategy. To understand your plan’s investment options, management structure, and available tools, refer to your Summary Plan Description (SPD) or consult your plan administrator.

Distributions

Overview

If you actively contribute to and invest in your 401(k) plan, understanding the rules governing withdrawals is critical. These regulations, established by the IRS, aim to encourage long-term retirement savings by restricting access to your funds until specific events or conditions are met. Generally, you cannot withdraw money from your 401(k) until one of the following occurs:
  • You reach age 59½
  • You die or become disabled
  • You separate from employment (e.g., job change or retirement)
  • The plan terminates without a successor plan
  • You experience a financial hardship (if permitted by your plan)

Consequently, if you’re under age 59½, accessing funds from your current 401(k) plan can be challenging. While some plans may permit early distributions—defined as withdrawals before age 59½—these typically incur a 10% early withdrawal penalty plus ordinary income tax, unless an exception applies. Your plan’s specific withdrawal options and rules are outlined in your Summary Plan Description (SPD). The tabbed sections below detail the tax and penalty implications for distributions before and after age 59½.

Distribution After Age 59½

Once you reach age 59½, you may withdraw funds from your 401(k)—even if still employed—if your plan allows in-service distributions. Tax consequences depend on the contribution type:

  • Roth – Qualified distributions (after age 59½ and a five-year holding period) are tax-free for both contributions and earnings. Non-qualified distributions tax earnings as ordinary income, but contributions (basis) remain tax-free since they were made after-tax. No 10% penalty applies.
  • Pre-tax –Distributions are taxed as ordinary income. No 10% penalty applies.

Distribution Before Age 59½ (Typically After Separation from Service)

While employed, federal law restricts most withdrawals from your current 401(k), limiting access until after you separate from the sponsoring employer. If you take a distribution post-separation but before age 59½, tax and penalty consequences depend on the contribution type:

  • Roth – Earnings are taxed as ordinary income and subject to a 10% early withdrawal penalty, unless an exception applies. Contributions (basis) are withdrawn tax- and penalty-free, as they were made after-tax.
  • Pre-tax – Distributions are taxed as ordinary income and subject to a 10% early withdrawal penalty, unless an exception applies.

10% Early Withdrawal Penalty Exceptions

The following exceptions waive the 10% penalty, though ordinary income tax may still apply to pre-tax amounts or Roth earnings:

  • Payments to a beneficiary or estate after the participant’s death
  • Distributions due to a qualifying disability or terminal illness (per IRS guidelines)
  • Substantially equal periodic payments (SEPP) under IRS Section 72(t)
  • Separation from service in or after the year you turn 55 (or 50 for certain public safety employees)
  • Medical expenses up to the deductible amount under IRC Section 213
  • Qualified birth or adoption expenses (up to $5,000 per child)
  • Emergency personal or family expenses (up to $1,000 per year)
  • Payments to satisfy an IRS levy
  • Other IRS-recognized exceptions (e.g., qualified disaster distributions)

Financial Hardship

If you face financial hardship while participating in a 401(k) plan, you may have options to access your funds to address immediate needs. These options—emergency distributions, hardship withdrawals, and plan loans—are governed by IRS regulations and your plan’s specific provisions, outlined in your Summary Plan Description (SPD). Below are the primary avenues for financial hardship distributions, along with their rules and implications.

Emergency Personal Expenses Distribution (EPED)

If permitted by your plan, you may take one penalty-free Emergency Personal Expenses Distribution (EPED) per calendar year to cover unforeseeable or urgent personal or family emergency expenses. The maximum withdrawal is the lesser of:

  1. $1,000
  2. Your vested account balance minus $1,000

If not repaid, you must wait three calendar years before taking another EPED, at which point the $1,000 limit resets. Repayment options include:

  • Payroll Deductions:Ongoing 401(k) contributions automatically count toward repayment. If you’re not contributing, you may resume contributions, but these count toward your annual elective deferral limit.
  • Check Repayments: You can make repayments by check. These repayments are treated as eligible rollovers and will not count toward your annual limit on elective deferrals.

While EPEDs avoid the 10% early withdrawal penalty, the distribution is taxable as ordinary income unless from Roth contributions (basis).

Hardship Distribution

A hardship distribution allows you (the participant) to withdraw funds for an immediate and heavy financial need, provided your plan offers this option. To qualify, the withdrawal must:

  1. Address a specific, urgent financial hardship
  2. Be limited to the amount necessary to meet that need (including taxes and penalties)

Common qualifying hardships, as defined by your plan, may include:

  • Medical expenses for you, your spouse, or dependents
  • Tuition, fees, and room/board for post-secondary education
  • Funeral or burial expenses
  • Payments to prevent eviction or foreclosure
  • Repairs for damage to your primary residence
  • Costs (excluding mortgage payments) to purchase a primary residence

The maximum withdrawal typically includes only your elective deferrals, though fully vested employer contributions (e.g., safe harbor amounts) may be eligible if your plan allows. Hardship distributions that occur before age 59½ are generally subject to ordinary income tax and the 10% early withdrawal penalty (unless you meet an exception to the penalty).

You may need to provide documentation or self-certify eligibility, and you must exhaust your other resources (e.g., savings, insurance) first. Unlike loans, hardship withdrawals cannot be repaid, permanently reducing your retirement savings, but you may continue contributing afterward.

401(k) Plan Loan

A 401(k) loan is a unique feature that allows you (the employee) to borrow funds from your account, becoming both the lender and borrower. It lets you access part of your funds without taxes or penalties, which otherwise would be difficult. You must eventually repay the loan back to your 401(k) account with interest, typically set at the prime rate plus 1–2%. If you fail to make timely repayments, the loan may be deemed as a distribution, which may result in you owing ordinary income tax and a 10% early withdrawal penalty (if under 59½ and no exception applies). Not all plans permit 401(k) loans, so it’s important to check your plan documents whether this option is available.

The maximum loan you can take is the lesser of: 

  • 50% of your vested account balance; OR
  • $50,000 minus the highest outstanding balance in the past 12 months

If you would like to take a plan loan, it’s usually a relatively simple process, and you will need to contact your plan administrator. The two main types of 401(k) loans are:

  1. 401(k) general purpose loan – The loan can be used for any purpose, though some plans may impose certain restrictions. The maximum repayment schedule for this type of loan is typically 5 years.
  2. 401(k) residential loans – The loan is specifically for purchasing a primary residence. In this case, you may need to provide documentation, and the repayment period can extend up to 10 years.

Repayment occurs through payroll deductions in level payments (principal plus interest), at least quarterly, though monthly or biweekly schedules are common. Early payoff is often allowed, but random or variable payments are typically prohibited unless specified in plan documents.

If you separate from employment before repayment, the outstanding balance is usually due within 60–90 days. This occurs because you (the participant) no longer have a paycheck to withhold payments from to repay the loan. If the loan is not repaid by this deadline, it may be considered a taxable distribution and you may face early withdrawal penalties if you’re under 59½.

For details on eligibility, repayment terms, or tax implications, consult your plan administrator or review your SPD.

Important Note: Once you leave a job, you generally cannot take a loan against the 401(k) held with your former employer. Funds must be rolled over into your new employer’s 401(k) plan (if they accept rollovers) before a loan can occur.

In-service Distributions: Non-Hardship Withdrawals

An in-service distribution is a distribution that occurs while you are still employed with the sponsoring company. Federal law permits in-service distributions from your elective deferral account starting at age 59½, provided your plan allows it. Vested non-safe-harbor employer matching contributions may be eligible for in-service withdrawal at any age, subject to plan rules. If your 401(k) includes rollover accounts—such as funds transferred from a previous employer’s 401(k)—your plan may permit in-service distributions from these amounts at any time, depending on its provisions.

Distributions before age 59½ are generally subject to ordinary income tax and a 10% early withdrawal penalty, unless rolled over directly to an IRA or another qualified plan. After age 59½, the penalty is waived, though pre-tax distributions remain taxable as ordinary income (Roth distributions may be tax-free if qualified). To avoid unintended tax consequences, review your Summary Plan Description (SPD) or consult your plan administrator before initiating an in-service distribution.

A strategic reason to consider an in-service distribution, if permitted, is to access enhanced investment options outside your 401(k). For instance, a direct rollover of eligible funds into an IRA avoids taxes and penalties, providing greater flexibility to tailor investments to your risk tolerance and financial objectives. This option may be particularly valuable if your plan’s investment lineup is limited or carries higher fees compared to IRA alternatives.

Rule of 55

The Rule of 55 is an IRS provision that allows you (the employee) to withdraw funds from your 401(k) plan without the 10% early withdrawal penalty, provided you meet specific conditions:

  • You separate from employment (voluntarily or involuntarily) in or after the calendar year you turn 55.
  • The withdrawal is from the 401(k) plan of the employer you left, not a previous employer’s plan.

This exception, can be a valuable strategy for early retirement, offering penalty-free access to funds for cash flow needs. However, eligibility depends on your plan’s rules—employers are not required to permit Rule of 55 withdrawals. If allowed, some plans may mandate a lump-sum distribution of the entire account balance or restrict partial withdrawals, potentially increasing your tax liability. To assess feasibility and tax implications, review your Summary Plan Description (SPD) or consult your plan administrator.

Notably, the Rule of 55 applies solely to the 401(k) tied to your most recent employer at the time of separation. You may take a new job and contribute to a different 401(k) without affecting these withdrawals, providing flexibility to work elsewhere while accessing funds penalty-free from the prior plan.

Required Minimum Distributions (RMD)

Required Minimum Distributions (RMDs) are mandatory withdrawals from your traditional 401(k) account that begin at age 73, as mandated by the IRS. If you’re still employed by the plan sponsor and own less than 5% of the company, you may delay RMDs until the year you retire, provided your plan permits this exception. Failure to withdraw the RMD by the deadline incurs a penalty of 25% of the shortfall, reduced to 10% if corrected within two years. Your first RMD is due by April 1 of the year following the year you turn 73, with subsequent RMDs required by December 31 annually.

The RMD amount is calculated by dividing your account balance as of December 31 of the prior year by a life expectancy factor from the IRS Uniform Lifetime Table. Each 401(k) plan requires a separate RMD calculation and distribution—you cannot aggregate multiple 401(k) balances and withdraw from one account. RMDs from traditional 401(k)s are taxed as ordinary income and may be taken as a lump sum or in installments throughout the year, as long as the total meets the requirement.

Roth 401(k)

Required minimum distributions from a Roth 401(k) are not required during your lifetime.

Turning 73 with a traditional 401(k) account balance? See how your first RMD timeline may work

Option One – Take your first RMD by April 1 of the following year and your second RMD by December 31 of that same year. This results in two RMDs in one tax year, potentially increasing your taxable income and pushing you into a higher tax bracket.

Option Two – Take your first RMD in the year you turn 73 (by December 31) and your second RMD the following year by December 31. This spreads the distributions across two tax years, reducing the likelihood of a higher tax bracket compared to Option One.

Rollovers Out: From 401(k) Plan

A rollover from your 401(k) plan typically occurs after separation from employment, though certain plan rules may allow it in other circumstances, such as in-service distributions. Reasons to roll funds into another retirement account include consolidating accounts, reducing fees, accessing a broader range of investment options, or addressing tax considerations. A direct rollover—also known as a trustee-to-trustee transfer—moves funds directly to another qualified plan or IRA, avoiding taxes and penalties if executed properly. To confirm eligibility and options, review your Summary Plan Description (SPD) or consult your plan administrator.

↳ Rollover Chart:Which Retirement Accounts Are Allowed To Accept A Traditional 401(k) Plan Rollover

Type of Account Allowed?
Roth IRA Yes ₍₃₎
Traditional IRA Yes
SIMPLE IRA Yes, after two year ₍₂₎
SEP IRA Yes
Governmental 457(b) Plan Yes ₍₄₎
Qualified Plan ₍₁₎ (pre-tax) Yes
403(b) Plan (pre-tax) Yes
Designated Roth Account (401(k), 403(b), or 457(b)) Yes ₍₃₎₍₅₎

Additional Info: (1)(2)(3)(4)(5)

(1) Qualified plans include profit-sharing, 401(k), money purchase, and defined benefit plans. (2) Only one rollover in. a 12-month period. (3) Must be included in income. (4) Must have a seperate account. (5)  Must be an in-plan rollover.

Rollover Chart: Which Retirement Accounts Are Allowed To Accept A Roth 401(k) Plan Rollover

Type of Account Allowed?
Roth IRA Yes
Traditional IRA No
SIMPLE IRA No
SEP IRA No
Governmental 457(b) Plan No
Qualified Plan ₍₁₎ (pre-tax) No
403(b) Plan (pre-tax) No
Designated Roth Account (401(k), 403(b), or 457(b)) Yes ₍₆₎
(1) Qualified plans include profit-sharing, 401(k), money purchase, and defined benefit plans.
(6) Any nontaxable amounts distributed must be rolled over by direct trustee-to-trustee transfer

Rollover 401(k) Account To a IRA

Upon separating from service—or under specific plan provisions—you may roll your 401(k) into an Individual Retirement Account (IRA). This consolidates your retirement savings and often provides greater control over your assets. IRAs typically offer more diverse investment choices than 401(k) plans, enabling you to align your portfolio with your risk tolerance and goals. Additionally, IRAs may have lower administrative fees compared to many employer-sponsored plans.

Consider the following factors before proceeding:

  • Backdoor Roth IRA: Rolling pre-tax 401(k) funds into an IRA could complicate a backdoor Roth IRA contribution. The IRS pro-rata rule aggregates all pre-tax IRA balances, potentially increasing the taxable portion of a Roth conversion.
  • Required Minimum Distributions (RMDs): Traditional IRAs require RMDs starting at age 73, regardless of employment status. In contrast, a Traditional 401(k) allows you to delay RMDs until retirement if you’re still working for the plan sponsor (and own less than 5% of the company). Rolling into an IRA eliminates this deferral option.

Tip: If your 401(k) includes both pre-tax (Traditional) and after-tax (Roth) contributions, direct each portion to the appropriate IRA type—pre-tax to a Traditional IRA, Roth to a Roth IRA—to optimize tax treatment.

Roth 401(k) Rollover to Roth IRA: Special Considerations – When rolling a Roth 401(k) into a Roth IRA, the IRS 5-year rule requires attention. Each Roth account has its own 5-year clock for tax-free earnings withdrawals, starting when it was first funded. If your Roth IRA is new (less than 5 years old), you must wait until the 5-year period elapses to withdraw earnings tax-free, even if your Roth 401(k) met its 5-year requirement. However, Roth contributions (basis) rolled from the 401(k) can be withdrawn tax- and penalty-free at any time, as they were made after-tax. For guidance on rollover mechanics, tax implications, or plan-specific rules consult your plan administrator.

More on Rollovers – Individuals Can Perform a Rollover in The Following Ways

  1. Direct rollover – An account holder must request instructions from their plan administrator. Typically, a check is made payable to the new 401(k) or IRA custodian (e.g., “Fidelity Investments FBO [Your Name]”) and sent directly to the new plan. No taxes are withheld from the transfer amount because the funds do not pass through the individual’s hands.
  2. Trustee-to-trustee transfer – The trustee or custodian of one plan transfers the rollover amount directly to the trustee or custodian of another plan. This is common for IRA-to-IRA transfers. No taxes are withheld, and the individual does not take possession of the funds.
  3. 60-day rollover – If a distribution from an IRA or retirement plan is paid directly to you (e.g., a check in your name), you can deposit all or a portion of it into an eligible retirement plan within 60 days. For distributions from a retirement plan like a 401(k), taxes (typically 20%) are withheld, so you’ll need to use other funds to roll over the full pre-tax amount. For IRA distributions, taxes are not automatically withheld unless requested.
    • Note: Only one IRA-to-IRA 60-day rollover is allowed per 12-month period (this limit does not apply to direct rollovers, trustee-to-trustee transfers, or rollovers involving employer plans).

Pro-Rata Rule

The IRS pro-rata rule governs how distributions from a 401(k) plan containing both pre-tax and Roth contributions are taxed and allocated. Under this rule, you generally cannot withdraw only Roth funds if your account also includes pre-tax amounts. Instead, most distributions will consist of a proportional mix of pre-tax and Roth funds (including earnings), based on their respective shares of the total account balance. For example, if your 401(k) is 70% pre-tax (contributions and earnings) and 30% Roth (contributions and earnings), a withdrawal will typically reflect that same 70/30 split. This proportional allocation prevents you from selectively targeting a Roth only distribution when pre-tax funds are also present. It also prevents the Roth portion of your 401(k) distribution from following the ordering rules as it would with a Roth IRA.

Detailed Example Of The Pro-Rata Rule

Account Details:

  • Total 401(k) balance: $100,000
  • Pre-tax portion: $70,000 (contributions and earnings)
  • Roth portion: $30,000 (comprised of $20,000 in contributions and $10,000 in earnings)
  • Age: 45 (meaning this is a non-qualified distribution because they’re under 59½)
  • Withdrawal amount requested: $10,000

Step 1: Determine Proportional Split

  • Pre-tax portion = 70% of the total account ($70,000 ÷ $100,000 = 0.70 or 70%)
  • Roth portion = 30% of the total account ($30,000 ÷ $100,000 = 0.30 or 30%)

Since the withdrawal is $10,000, the pro-rata rule splits it proportionally:

  • Pre-tax amount withdrawn = 70% of $10,000 = $7,000
  • Roth amount withdrawn = 30% of $10,000 = $3,000

Step 2: Break Down the Roth Portion

The $3,000 from the Roth portion includes both contributions and earnings. We need to determine how much of it is contributions (always tax-free) and how much is earnings (taxable in a non-qualified distribution). The Roth account is $30,000 total, with $20,000 in contributions and $10,000 in earnings:

  • Roth contributions = 66.67% of Roth balance ($20,000 ÷ $30,000)
  • Roth earnings = 33.33% of Roth balance ($10,000 ÷ $30,000)

Apply this proportion to the $3,000 Roth withdrawal:

  • Roth contributions withdrawn = 66.67% of $3,000 = $2,000
  • Roth earnings withdrawn = 33.33% of $3,000 = $1,000

Step 3: Calculate Taxable Amount

  • Pre-tax portion ($7,000): Fully taxable as ordinary income because it was never taxed before.
  • Roth contributions ($2,000): Tax-free because Roth contributions are made with after-tax dollars and are always nontaxable upon withdrawal.
  • Roth earnings ($1,000): Taxable because this is a non-qualified distribution (participant is under 59½, and let’s assume the 5-year holding period isn’t met).

Total taxable amount = $7,000 (pre-tax) + $1,000 (Roth earnings) = $8,000

Step 4: Summary of the Withdrawal

Total withdrawal: $10,000

  • $7,000 from pre-tax (taxable as ordinary income + 10% early withdrawal penalty)
  • $2,000 from Roth contributions (tax-free)
  • $1,000 from Roth earnings (taxable as ordinary income + 10% early withdrawal penalty)

Taxable portion: $8,000 (subject to the participant’s ordinary income tax rate + early withdrawal penalty) / Tax- & Penalty-free portion: $2,000

5-Year Aging Rule (for Roth 401(k))

The 5-year aging rule for Roth 401(k) accounts determines when earnings can be withdrawn tax-free, even if you’re over age 59½. Unlike Roth IRAs, which follow a withdrawal ordering rule – Roth 401(k) distributions are subject to the pro-rata rule, blending contributions (tax-free) and earnings (potentially taxable) proportionally based on the account balance. To avoid taxes on the earnings portion, the distribution must be “qualified”, requiring you to satisfy both age 59½ and the 5-year aging period.

This 5-year period begins on January 1 of the taxable year in which you made your first Roth 401(k) contribution to the plan and ends after five consecutive taxable years (e.g., a contribution in 2025 starts the clock on January 1, 2025, ending December 31, 2029). If you directly roll over a Roth 401(k) into another Roth 401(k), the 5-year period for the receiving plan adopts the earlier start date from either plan, preserving your progress toward qualification. However, a rollover to a Roth IRA starts a new 5-year clock for that IRA if it’s your first Roth IRA contribution, per separate IRS rules.

Earnings withdrawn before meeting the 5-year rule and age 59½ are subject to ordinary income tax and a 10% penalty, unless an exception applies. Contributions, being after-tax, are always withdrawable tax- and penalty-free. To confirm your Roth 401(k)’s 5-year status, review your account records or consult your plan administrator.

Inheritance and Death

When you pass away, your 401(k) is transferred to your designated beneficiary or beneficiaries. What happens next depends on who inherits the account. A surviving spouse has the most flexibility: they can roll the funds into their own IRA or retirement account, or transfer them to an inherited IRA. Non-spouse beneficiaries—such as children or other individuals—generally must transfer the funds to an inherited IRA and withdraw the entire balance within 10 years. Some plans may allow beneficiaries to leave the funds in the 401(k), but this is less common and depends on specific plan rules. For more detailed information, consult your 401(k) plan documents, contact your plan administrator, or refer to the inherited IRAs page.

FAQs

What happens to my 401(k) if I leave my job?

You generally have four main options for managing your 401(k) after leaving your job, depending on the plan and your preferences:
  1. Leave It with the Former Employer:
  2. Roll Over to a New Employer’s 401(k)
  3. Roll Over to an IRA
  4. Take a Cash Distribution

Does investing in 401(k) plan limit my ability to contribute to an IRA?

No, investing in a 401(k) plan does not inherently limit your ability to contribute to an IRA, but there are specific IRS rules and eligibility factors that may affect your ability to make deductible or nondeductible IRA contributions based on your 401(k) participation.

Schedule a Meeting

Don't wait, get your questions answered and start the process today →