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Details About Withdrawals From Retirement Plans Amid COVID

The provision gives up the 10% early withdrawal tax penalty that may be generally charged on early distributions out of qualified retirement plans (including 401(a), 401(k), 403(a), 403(b), 457(b) plans and IRAs).

This penalty will be waived for respective distributions up to US$100,000 made during the year 2020 for an individual. 

  • Who is diagnosed with COVID
  • Whose dependent or spouse is suffering from COVID-19.
  • Anyone who is going through adverse financial consequences due to quarantine, furloughed, being laid off from work.
  • Decreasing work hours for lockdown
  • Not having child care support to go to work.
  • Shutting down or decreasing hours of business run by the individual due to COVID-19
  • Or other factors as settled by the Treasury Secretary

The US$100,000 limit is an accumulative limit for those individuals who are applying to receive distributions from every qualified retirement plan within an employer's group. The distribution will not be affected by withholding and income tax programs.

Every employee needs to sign a certification of the reason for the retirement plan distribution. Those administrating the plan do not have to verify the reason.

On the other hand, the provision allows individuals to contribute again to the funds of an eligible retirement plan that lasts for three years. The period commences on a particular day following the date on which the Coronavirus-related Distribution was received by the individual. 

Read ahead to find out all relevant details about the deadline extension of employee benefit plans during COVID-19 as per COVID-19 ERISA law.

The plans affected have to exclude the Outbreak Period while calculating the periods and deadlines as given below.

  • The 30-day period (and in certain cases 60-day period) lets an employee request for special enrollment under an ERISA plan. This will follow certain life events, such as the birth of your child and marriage.
  • The 60 days after a qualifying period during which an employee can opt for COBRA continuation coverage
  • The due date for every COBRA premium payment
  • The deadline for any individual to inform about the plan concerning a COBRA qualifying event or determination of disability
  • The deadline for any individual to file a benefits claim is also extended under the plan terms.
  • The deadline for any claimant to file an appeal is also extended of a determination
  • The deadline for a claimant to file a request is also extended to an external review of an adverse benefit determination.
  • The deadline for a claimant to record information required by ERISA Nevada law to perfect an incorrect or incomplete request is also extended for external review. 

For instance, an employee who goes through a qualifying event can generally select COBRA continuation coverage within 60 days following the insurance's termination date.

If any employee's insurance terminates by January 31, 2020, the employee would generally have to make the COBRA election latest by March 31, 2020.

However, the clock halts on March 1 and will not start again until the issue of the outbreak period resolves. After the end of the virus outbreak, the employee still needs to have 31 days to make the COBRA election.  

How Will The Coronavirus Affect Retirement Plans? 

The new rules are set to provide individuals affected by Coronavirus with full access to retirement savings. Therefore, the ERISA Nevada Law provides relaxation for retirement plans.

However, under the current law, it would not be possible to access retirement savings, or the savings if drawn would be subject to penalty by authorities.

The Coronavirus (COVID-19) pandemic has negatively impacted almost everyone globally in cruel ways. Employment is the area that is most affected by the global epidemic, and people have serious concerns and questions regarding the right to employment, workplace rights, and retirement income plans.

At the Law Office of Julie A. Mersch, our Nevada Coronavirus (COVID-19), and workplace rights attorney, you can have a better understanding of the importance of your job and your right to employment during Covid-19. Despite the COVID-19 pandemic, you must know that your career should not face any setbacks.

Therefore, this article answers all your queries regarding;

  • Coronavirus (COVID-19) and Workplace Rights
  • COVID-19 Extension of HIPPA/COBRA/ERISA
  • Provides an Overview of COVID-19 ERISA Law issues

Taking A Look At Loans From Retirement Plans During Covid-19

Employee Benefit Plan Deadlines Extended Due To COVID-19

We specialize in Employee Retirement income Security Act (ERISA), Bad Faith Insurance, Personal Injury and more in Las Vegas.

With the quick changes that have occurred during March, many employers do not have an idea of what to do next. Because businesses usually have a negative impact, they may request their employees to go for unpaid leave.

The employees may also be terminated rather than providing them with the accommodations they require to work from home or change their job tasks.

  • Employers should reasonably accommodate any employee with any disability. Coronavirus is a respiratory illness, and associated disability could be "inability to breathe."

Your employer could make the following changes as per the laws which you can refer to below.

  • Permitting you to start work from home
  • Provides you with safety equipment to carry on working if you are associated with an essential business
  • Provides unpaid or paid leave if you are unable to work under such conditions
  • You can also be offered severance

For more information, you can contact our Las Vegas ERISA attorney and enquire about Covid-19 ERISA Law in Nevada.


What Are Your Workplace Rights Under Covid-19?

Yes, certain rules set by authorities state that employees of covered employers are eligible for paid leaves based on the following criteria.

  • Two weeks (or up to 80 hours) of paid sick leave should be given at the employee's regular rate of pay. The employee may not be able to work due to the quarantine and/or the employee may be experiencing COVID-19 symptoms while seeking a medical diagnosis. 
  • Two weeks (or up to 80 hours) of paid sick leave should be given at two-thirds the employee's regular rate of pay. The employee may not be able to work due to a bona fide need to look after an individual that has been subject to quarantine. The individual may also be taking care of a child who is under 18 years of age and has an unavailable child care provider who cannot show up for reasons related to COVID-19. 
  • Individuals can receive up to an added ten weeks of leaves that are paid for the expanded family and medical at a rate of two-thirds the employee's regular pay. It is essential to note that the employee should be employed for at least 30 calendar days and cannot work due to a genuine reason that requires taking leave. 

Are Employers Required To Provide Paid Leave To Employees Absent From Work Because They Are Affected By Covid-19?

Getting To Know More About Coronavirus (COVID-19) and ERISA Law in Nevada

The provision provides some benefit to some of the rules set down for the existing qualified retirement plan loan that permit loans from 401(a), 401(k), 403(a), 403(b).

Moreover, government plans for individuals who are eligible for Coronavirus-related Distributions lasting 180 days following enactment have also been permitted. It is worthwhile to note that it enhances the maximum loan amount from US$50,000 to US$100,000.

Individuals who have less than US$100,000 in their retirement plans will be able to secure a loan of a value up to the present amount of their accrued benefit. Under the current law, loans cannot exceed 50% of the balance.

The provision has allowed relaxation for repayment of loans by delaying obligations on repayments for one year. You can inquire more about the plan from our Las Vegas ERISA attorney.

JULie A. Mersch, Esq.