Dear Dollar Stretcher,
I would like to provide a loan to a friend from my 401k plan. What are the
rules? how do I go about making this type of transaction? What are the
guidelines for re-payment?
George S.
Now that's an interesting question! And
it must be an interesting friendship, too.
Before we consider whether it's a good
idea, let's take a look at how 401k loans work. A majority of all private
sector workers have a 401k plan available to them. They can set aside a
portion of their pre-tax wages and put them into the plan. Some companies
will also make a matching contribution. The contributions and any earnings
are not taxable until the employee takes the money out of the plan.
Because taxes aren't collected each year, money in a 401k grows quicker.
Federal law allows for employees to
'borrow' the money from their 401k. Loans are limited to 50% of the
account balance or $50,000 (whichever is less). About 80% of 401k plans
allow for loans. Some don't because it's expensive for them to keep track
of loans and do all the necessary bookkeeping. The plan administrator can
charge service fees on loans. Some charge a one time 'origination' fee.
Others will charge a fee each year that the loan is active.
Most plans will let you borrow for any
purpose you want. But some only allow loans for specific purposes like
buying a house.
Since it's a loan, the money needs to be
paid back with interest to the 401k plan. By law the interest rate that
you pay must be competitive. The plan administrator will set the interest
rate.
Generally loan repayment can be scheduled
for up to five years. Most plans use payroll deduction for repayments.
Now let's look specifically at George's
situation. Should he take out a 401k loan and then lend that money to his
buddy? In every circumstance that I can conceive it would be a bad idea.
And in some situations it could be a VERY bad idea.
First, if George should have an emergency
situation he will not have these funds available. What happens if he has a
medical emergency and needs to borrow money from his 401k? If it's already
loaned to his friend it won't be there when he needs it.
George could also find himself tied to
his current job because of the loan. In most cases loans must be fully
repaid immediately if you leave your job. So George couldn't change
employers if he wanted to.
Worse than that, if he was laid-off the
entire loan would need to be immediately repaid. If George can't do that
and he's under age 59 1/2 he'd face a 10% penalty on the outstanding loan.
And the loan amount will be added to his taxable income this year. George
could find himself in the rotten position of losing his job, being forced
to pay taxes on money from his 401k plan that he doesn't even have and
needing the money from the plan but not being able to get it from his
friend.
Payments could also be a problem. Payroll
deduction will continue whether George collects from his friend or not.
Should George's friend miss a payment, George could find himself facing a
crisis in his own finances. Any loan to his friend should be written up
legally with a clear repayment schedule and rates for interest and
penalties.
And, even if things go well, George could
face a hidden expense. It's very possible that the investments in the 401k
could have earned more than the interest rate on the plan loan. Because
it's in a retirement account the money that he loses this year will be
multiplied by the time he retires. For instance, if George is 30 years
old, every dollar he loses today could mean a loss of $32 at retirement.
Finally, George needs to consider whether
this is good for his friendship. If the friend is a good credit risk they
shouldn't have trouble borrowing the money somewhere else. So there's no
need for George's money.
If, however, the friend is being turned
down by professional lenders, there's a good chance that George will not
be repaid. Generally friends that can't repay loans don't remain friends
for long.
If the friendship breaks up because
George isn't willing to make the loan, it's not much of a friendship.
Certainly not good enough to justify George taking the risks to make a
401k loan.
Finally a word of personal advice. I
applaud George's willingness to help his friend. He's to be admired for
that. But, more than one friendship has been lost because of borrowed
money.
There is one guideline that George could
use. If he's willing to lend his friend the money with the expectation
that he will NOT be repaid he should make the loan. That means that he's
willing to accept that he won't see any of the money again.
It sounds funny at first, but think about
it. If he doesn't expect to be repaid he must be in a situation where he
can afford to make the loan. And because he doesn't expect to get the
money back his friendship won't be hurt if that happens.

Gary Foreman is a former Certified
Financial Planner who currently edits The Dollar Stretcher website www.stretcher.com