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<br />ICMA RETIREMENT CORPORATION <br /> <br />V. Length of loan <br />In determining the maximum repayment <br />period for residential loans, you should be <br />mindful that the loan term may extend beyond <br />the period the 457 participant is employed by <br />you. If you allow employees to continue to pay <br />their loans after they separate from service (see <br />Section X, Acceleration below), repayments <br />could continue to be made by the participant, <br />through you, for the entire term of the loan <br />(e.g. 30 years). Every payroll period, the partici- <br />pant (former employee) will be required to give <br />you a check for the periodic loan repayment <br />amount. You then include this amount with <br />your next contribution submittal to RC. Loan <br />I repayments may not be made directly to RC by the <br />participant. <br /> <br />Instructions <br /> <br />These Loan Guidelines must be completed before loans <br />can be made from your deferred compensation plan.You <br />should consider each option carefully before making <br />your selections because your selections will apply to all <br />loans made while the selection is in effect. If you later <br />change any provision, the changes will apply only to <br />loans made after the change is adopted. Loans in exist- <br />ence at the time of any future changes will continue to <br />operate under the guidelines that were in effect at the <br />time the loan was originally made. <br /> <br />Note: If you have more than one 457 provider or if loans are <br />available to your employees from another retirement plan (e.g. <br />Section 401 money purchase or profit sharing plan) there are <br />some important issues you should consider prior to completing <br />these Loan Guidelines. Please refer to the "Special Circum- <br />stances" section of the RC brochure titled "A Guide to <br />Establishing a 457 Deferred Compensation Loan Program". <br /> <br />The following instructions correspond to the informa- <br />tion you must complete beginning on the next page. <br /> <br />Name of Plan: Please state the Employer's complete <br />name. including State. <br /> <br />II. Eligibility <br />You may allow a loan to be taken either (1) for <br />all purposes or (2) only in the case of hardship <br />or other certain specified financial situations. <br />The option you choose will have a significant <br />impact on the number of loans made from your <br />plan. If you choose "for all purposes", you will <br />be contending with significantly more loan <br />requests than if you select "hardship or other <br />specified financial situations only". <br /> <br />III. Frequency of loans <br />You may elect to allow participants to have <br />either (1) only one loan outstanding at a time <br />or (2) no more than five loans outstanding at <br />one time (but no more than one per calendar <br />year). The option you choose will have an <br />impact on the number of loans made from your <br />plan. It will also have a direct impact on your <br />payroll system. Each loan repayment for each <br />pay period must be accounted for separately. <br />Repayments of multiple loans are a much larger <br />burden on your payroll system (and personnel) <br />than repayment of a single loan. <br /> <br />X. Acceleration <br />You have three options for determining how <br />outstanding loans are accelerated: <br /> <br />1. All loans are due and payable in full <br />("called") upon separation from service. <br />The employee may not continue to payoff <br />.. <br />I his/her loan once he/she separates from <br />service. <br /> <br />~ <br />" <br /> <br />2. After separation from service, all loans are <br />called only when the participant withdraws <br />his/her entire account balance. <br /> <br />3. After separation from service, all loans are <br />called as soon as the participant takes a <br />withdrawal of any amount from the plan. <br /> <br />You should consider these options carefully because a <br />call provision could result in a taxable event for the <br />p~rticipant. If a participant does not repay the out- <br />standing loan amount when the loan is called. the <br />loan is "foreclosed". This means that the outstanding <br />loan amount will be reported by RC as a taxable <br />distribution to the participant in the year of the <br />foreclosure. On the other hand, given the burdens <br />associated with collecting loan repayments from <br />former employees, you may not wish to maintain a <br />potentially long term "rela'tionship" with former <br />employees (especially in the case of residential loans) . <br /> <br />.................... I............................................................................ <br />