This excerpt taken from the HBI 8-K filed Sep 5, 2006.
11.03 Hardship Withdrawals
In the event a Participant suffers a serious financial hardship, such Participant may withdraw a portion of the vested balance in his or her Accounts (excluding his or her Annual Company Contribution Account, his or her Transition Contribution Account, any portion of his or her Before-Tax Contribution Account attributable to qualified non-elective contributions (if applicable), and any earnings credited to his or her Before-Tax Contribution Account on or after January 1, 1989) provided that the amount of the withdrawal is at least $250.00 and does not exceed the amount required to meet the immediate financial need created by the serious financial hardship.
To establish that the amount to be withdrawn is not reasonably available from other resources, the Participant shall be required to elect to receive a cash distribution of the dividends paid pursuant to Subsection 10.08 of the Plan attributable to his or her proportionate interest in the Sara Lee Corporation Common Stock Fund or Hanesbrands Inc. Common Stock Fund after the Spin-Off Date and to obtain all other in-service withdrawals, distributions and nontaxable loans available under this Plan and any other plan maintained by the Employer.
must provide the Committee with a statement on which the Committee may reasonably rely, unless it has actual knowledge to the contrary, certifying that the Participants financial need cannot be relieved by all of the following means:
For purposes of this Subsection, the Participants resources shall be deemed to include those assets of his or her spouse and minor children that are reasonably available to the Participant. Property owned by the Participant and the Participants spouse, whether as community property, joint tenants, tenants by the entirety, or tenants in common, will be deemed a resource of the Participant. However, property held for the Participants child under an irrevocable trust or under the Uniform Gifts to Minors Act will not be treated as a resource of the Participant.