"We recently rehired an employee who, when he left us about two years ago, chose to leave his account balance in our 403(b) plan, as our plan allows former employees to leave their assets in the plan if the balance exceeds $5,000, which it did in this case. Now that he is back with us, he wants to withdraw his prior account balance, since he claims that the balance can be withdrawn due to his prior termination. But, since he is here now, and our plan does not allow for in-service distributions except for attainment of age 59.5 or financial hardship (neither of which apply in this case), should we deny his distribution claim?"
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