If you got a 401(k) refund check, your company's plan likely failed an IRS test.

For too many of Vada Lindsey's lower-income clients, their hard-earned 401(k) accounts become go-to emergency funds when they are faced with unexpected cash needs.

Each year, Lindsey, a tax lawyer in Milwaukee, Wisconsin, who helps some of the city's poorest residents, sees people yanking money from already modest retirement accounts to deal with unexpected moves, job losses and other emergencies.