[Charlotte Klatt]

My son-in-law has a 401K with Stover co. that is subsidiary of Emerson. His wife, my dtr. Is very ill with Myositis and cannot walk, cannot control urine output or feces. His boss said he couldn't withdraw funds from the 401K. They need money to put her in a nursing home. HELP!!

[ScottGem]

First its not a good idea to piggyback your question on someone else's. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread.

Not all plans allow in service withdrawals. If the employer is saying they don't do them, then have them show him where the plan says that.

[ebaines]

All 401(k) plans are required to allow employees to take withdrawals for any one of six "hardship withdrawal" reasons, one of which is "unreimbursed medical expenses for you, your spouse, or dependents." It's not the boss's call - your son-in-law should contact the 401(k) plan administrator to see how to make the withdrawal happen. They may require that he submit the bills as proof. But be aware that any withdrawals will require him to pay ordinary income tax as well as the 10% early withdrawl penalty even though this is a so-called "hardship" withdrawal (assuming he is under 59-1/2 years of age).