A N.Y. Times article reports problems with 401(K) plans when the sponsoring employer goes through bankruptcy:
While each employee or ex-employee owns his or her account assets, the article reports administrative delays during which accounts are frozen. The delays can be lengthy. Plan participants with required minimum distributions "faced tax penalties" because assets for the RMD were frozen.
Another issue reported was draining of account assets by fees paid to the bankruptcy trustee appointed by the court.
HAS ANYBODY HEARD OF A CASE where the 50% excise tax on insufficient distributions was actually imposed in a situation like this?
I'm aware of the "request to waive the [excise] tax" described in IRS pub. 590. However, it seems to apply only for assets held up by state insurer delinquency proceedings. What about a 401(K) plan managed by a perfectly healthy national mutual fund company for an employer that's facing bankruptcy? (Pub. 590 is for IRAs; I'm presuming the excise tax works the same for a 401(K)).
I'm also aware that in many cases a preemptive 401(K)-to-IRA rollover is advised because of (a) plan fees and (b) limited investment choices. But that's a separate issue.
Thanks in advance for specifics of this topic.