What you are arguing is that any funds that you deposit in a time account (CDs, Bonds, etc.) are not yours, which is ludicrous!
The 401k money is YOURS; you may withdraw it at anytime, but you must pay tax on the full amount of the withdrawal plus penalty interest.
Here’s the code. Researching now.
http://assembler.law.cornell.edu/uscode/html/uscode26/usc_sec_26_00000401——000-.html
I'm arguing no such thing. I'm only talking about 401k plans. Please read what I actually write or I'm going to ignore your responses.