1. (1) A participant or beneficiary may make emergency withdrawals in the event of an unforeseeable emergency under the following conditions and limitations:

   1. (a) As defined in 26 USC 457 (b) (5) and 26 CFR 1.457-2 (h) (4), an unforeseeable emergency is one which causes severe financial hardship to the participant or beneficiary as a result of a sudden and unexpected illness or accident of the participant or beneficiary or of a dependent of the participant or beneficiary, loss of the participant’s or beneficiary’s property due to casualty, or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the participant or beneficiary.

      Note: “A dependent of the participant” as used here is defined by the secretary of the treasury as one specified in 26 USC 152 (a).

   2. (b) The need to send a participant’s or beneficiary’s child to college or the desire to purchase a home are examples of what are not unforeseeable emergencies.
   3. (c) The facts of each case shall be ascertained to determine if the circumstances constitute an unforeseeable emergency.

   4. (d) Withdrawal payment may not be made to the extent that the hardship is or may be relieved:

      1. 1. Through reimbursement or compensation by insurance or otherwise,
      2. 2. By liquidation of the participant’s or beneficiary’s assets to the extent the liquidation of these assets would not itself cause severe financial hardship, or
      3. 3. By cessation of deferrals under the plan.
   5. (e) The withdrawal, because of an unforeseeable emergency, shall be limited to an amount reasonably needed to satisfy the emergency need.

2. (2) The administrator shall:

   1. (a) Receive requests from participants or beneficiaries for unforeseeable emergency withdrawals,
   2. (b) Investigate and document the facts on a form prescribed by the department, and
   3. (d) Within 5 working days after the receipt of the information requested from the employer or other parties, either render a decision or make a recommendation to the department on a form prescribed by the department.
3. (6) The department shall prepare a report on unforeseeable emergency withdrawal activity since the last meeting of the board for presentation at the following meeting of the board.

History

History: Cr. Register, June, 1985, No. 354, eff. 7-1-85; renum. from ETF 10.01, Register, June, 1992, No. 438, eff. 7-1-92; CR 08-016: am. (intro.), (1) (a), (b), (d) 2. and (2) (a) Register August 2008 No. 632, eff. 9-1-08; CR 14-055: am. (2) (intro.), r. (2) (c), am. (2) (d), r. (3) to (5) Register May 2015 No. 713, eff. 6-1-15; correction in (2) (b) made under s. 35.17, Stats., Register May 2015 No. 713.