Your Money, Their Say
I already have a mommy and a daddy and they long ago taught me to squirrel money away for a rainy day -- or a lot of rainy days. But, two Senators are vying to be my designated grownups and yours by offering legislation to "protect" 401K retirement savings. From a press release at Wyoming Senator Mike Enzi's site:
While having access to a loan in an emergency is an important feature for many participants, a 401(k) savings account should not be used as a piggy bank.
I happen to agree, and live accordingly, but especially while we're in tough economic times, it's not for these Senators to say (or put the kibosh on) who dips into which part of their savings and for what.
Here are a few bits from their SEAL Act (aka Savings Enhancement by Alleviating Leakage in 401(k) Savings Act of 2011):
...limiting the most 401(k) loan practices that provide easy access to retirement funds but adds costs and fees to pension plans.
Sounds like a good idea, not adding costs and fees to the plans, but shouldn't creating policy be up to the companies that offer them, not a bunch of Senators? Here's more:
Bans products that promote leakage, such as the 401(k) debit cardCertain products actively encourage participants to tap into their savings before retirement, often accruing large fees in the process. One such product is a debit card linked directly to one's 401(k) savings account. In 2008, Sens. Kohl and Charles Schumer (D-NY) introduced a bill barring companies from offering 401(k) debit cards. The legislation followed a hearing on the topic that Kohl held as Chairman of the Senate Special Committee on Aging.
Although 401k debit cards are not currently prevalent, a number of different companies have offered them in the past and some companies continue to market these cards online. The SEAL Act bans products like the 401(k) debit card.
While there's no accounting for the vast number of people who behave without sense, I don't think the 401K accounts all of those taking loans are "leaking" all the way to furs, yachts, and new cars. Again, these are tough times. If you're taking money out of your 401K, I'm guessing you're either on meth or you've long been out of a job and haven't got a lot of prospects for one on the table.
More on the SEAL Act here.
via Consumerist







I worked on 401(k) plans and I believe the reason loans are available is to encourage people to save, but still have some of the money available just in case. Take away the availability of funds, other than hardship withdrawals, and people may stop stop contributing. More unintended consequences of government trying to "protect" people.
By the way I withdrew a decent amount of money from my 401(k) when I was younger so it's not like I'm any smarter than anyone else. Live and learn.
JFP at May 20, 2011 4:38 AM
Sounds like the fiscal equivalent of fighting to prevent McDonalds from including toys in Happy Meals... They understand people are making choices, but believe that people should be led to the "right" choice.
jen at May 20, 2011 5:02 AM
How long before "you can't withdraw from your 401k because you will need it later", becomes "You can't dip into your 401K because we need it now"..
JosephineMO7 at May 20, 2011 5:43 AM
The name "SEAL Act" sounds like a program to encourage people to buy fur coats...
Ltw at May 20, 2011 5:58 AM
Sounds like they want to create a new investment instrument. Let them go ahead and do it - and let people choose.
Ben David at May 20, 2011 6:34 AM
Ah yes, Schumer. The "we must limit your freedom because you might abuse it" Senator.
I took a loan from my 401K once for a vacation. Had we not had the money, my mother-in-law might never have seen my youngest daughter. That's probably worth the few thousand dollars it might have cost me in foregone earnings.
The alternative would have been to find some other source of a loan, and temporarily suspend my 401K contributions until the loan was repaid.
Chuck the Schmuck, dipstick extraordinaire, at your service.
MarkD at May 20, 2011 7:44 AM
Ah, yes, it's far better to miss mortgage payments or go into debt from an emergency than dip into one's own retirement account! Thanks for looking out for us, Senators!
ahw at May 20, 2011 7:51 AM
NO one has any damn business what's in MY 401k except ME.
Asshat senators.
I hate 'em all.
o.O
Flynne at May 20, 2011 7:58 AM
When the company I worked for folded, I drained my 401(k) (13 grand, big deal) to start my company.
Ten years on, that was the smartest thing I've ever done with money.
If this gets serious traction, then I'm draining my SEP, and going for the mattress method of saving for retirement. Because the only reason they'd consider doing this is as a prelude to draining all 401(k)-style retirement accounts for their use and giving us an "annuity" plan in return (which has been floated a few times by Obama insiders).
brian at May 20, 2011 7:59 AM
Amy Alkon
http://www.advicegoddess.com/archives/2011/05/20/your_money_thei.html#comment-2155005">comment from brianI did a dialogue polish on a movie and earned $50K and used every dime of that to get my column going.
Amy Alkon
at May 20, 2011 8:05 AM
Both of my sons were laid off, one of them permanently. They both used their 401Ks to find affordable housing and pay their bills. It's their money, anything that makes it harder to get at is wrong.
ken in sc at May 20, 2011 5:21 PM
Some years ago I had to borrow from my 401k after I had to sell my house at a loss. That sucked, but I've long since paid it back, and I avoided having to let the bank repo the house, which would obviously have destroyed my credit.
Why do I suspect that the real motivation for this law is that there's a 401k asset tax plan in the works, and the government wants to prevent people from being able to withdraw from 401k's for tax advantage? Don't forget, there was no specific law that created the 401k; it was the result of an Tax Court case. The Tax Court could very well change its mind.
Cousin Dave at May 20, 2011 9:39 PM
Ah, the S[t]EAL Act. You should not use that money, even as collateral for a loan, because it should be left for government[s] to take.
When the 401k, and then Roth IRA, came out I was eligble and actually thought about it - for maybe two minutes. I quickly noted that I could not take out money without fairly large penalties. And leaving it in might mean it escaped income tax now, but would be subject to taxation upon maturity. Knowing that when the Federal income tax was being discussed in Congress one congresscritter argued that `Who knows, this one percent tax might go as high as five percent in the future` I figured I might as well pay now - and invest what was left in triple-tax-free bonds.
John A at May 21, 2011 9:30 AM
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