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How is a maximum loan amount calculated if a participant with a vested account balance of over $100,000 takes out more than one loan within 12 months?
Rev. 12/18/03, E-mail Alert 2003-24
The basic rule requires that the $50,000 maximum loan amount be reduced by the highest outstanding loan balance during the 12 months prior to the new loan request. For example, if a participant has taken out a loan in the last 12 months, the $50,000 maximum is reduced by the amount of that loan.
If the participant has taken out more than one loan in the last 12 months, the calculation to arrive at the highest outstanding balance is not as simple. Below are two examples.
Assumptions for examples:
- Participant has a vested account balance of over $100,000 at all times.
- Plan permits a total of up to 4 loans for a participant.
- Plan does not limit the number of loans in a 12 month period.
- The participant has not had prior loans (and, thus, no loans have been in default).
- Single employer with one plan (no control group or affiliated service group relationships exist).
| Example 1 |
Loan 1 |
Loan 2 |
| Loan Origination Date |
08/19/09 |
12/23/09 |
| Loan Amount Request |
$20,000 |
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| Highest Outstanding Loan Balance in Last 12 Months as of 12/23/05 |
N/A |
$20,000 |
Maximum Available Loan Amount on 12/23/05 |
N/A |
$50,000 less $20,000 = $30,000* |
*The amount is the lesser of 50% of the vested account balance or $50,000 reduced by the highest outstanding loan balance during the last 12 months. Since the participant had an outstanding loan in the last 12 months and a vested account balance of over $100,000, the new loan may not exceed $50,000 less the highest outstanding loan in the last 12 months.
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Example 2
Assume everything is the same as Example 1 except that in addition to loans 1 and 2, the participant has unexpected expenses and needs to apply for a third loan on 04/15/06. The participant is requesting the maximum available amount on 04/15/06, what is that amount?
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Loan 1 |
Loan 2 |
Loan 3 |
Loan Origination Date |
08/19/09 |
12/23/09 |
04/15/10 |
Loan Amount Request |
$20,000 |
$10,000 |
Maximum available |
Highest Outstanding Loan Balance (on any given day) in the Last 12 Months Prior to 04/15/06 Occurred on 12/23/05 |
$19,120.00** |
$10,000 |
N/A |
Maximum Available Loan Amount on 4/15/06 |
$20,000 |
$10,000 |
$50,000 less ($19,120 plus $10,000) =
$50,000 less $29,120 = $20,880*** |
** The $20,000 reduced by loan repayments to $19,120 as of 12/23/09 when the second loan is at its highest principal amount. |
*** Note: Although the two highest outstanding loan balances during the last 12 months were $20,000 and $10,000 respectively, the rule asks for the highest outstanding balance on any one day during the last 12 months. Thus, we resist the impulse to simply add highest outstanding balances of $20,000 and $10,000 (which would give the highest loan amounts made during the last 12 months). Instead, we must use the one day during the year that would reflect the highest outstanding balance of all the loans when combined together on that one day. |
To learn more, call 973-492-1880 or e-mail info@mhco.com.
© 2012, McKay Hochman Co., Inc. All rights reserved.
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