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Old 01-04-2008, 03:33 PM
kastnna
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Default Re: 401k question

On Jan 2, 6:17*pm, 6e <aot...[at]hotmail.com> wrote:
- quote -

> Hi!
> I had a 401k with my employer for 11 months (starting in early
> November 2006 ending in early October 2007). *The plan does not state
> any special rules for employer contribution.
> I received my 2006 contribution. *But since I left the company they
> are trying to deny me from getting the company contribution for 2007.
> My question is, is this legal? *If not what can I do about it?
> Thanks!


Unfortunately you are almost certainly not eligible for the
contribution. Open architecture allows employers to choose a wide
variety of options. However, the most common language stipulates that
any employee is considered eligible for contributions after 1 year of
service; 1 yr of service is defined as having worked 1000 hours; and
the employee must have been eligible for the entire plan year to
receive contributions.

I can easily think of three common ways the last line probably screws
you:

1. If the plan year begins Jan 1, you likely did not have 1000 hrs of
service by that date and were therefore not eligible for contributions
the ENTIRE year. Sometimes a plan will have two entry periods a year
so you might sneek by by having 1000 hrs by July 1 2007.

2. You terminated employment before the plan year ended. Only current
employees are eligible to participate. Again, you were therefore not
eligible for the ENTIRE plan year (Nov & Dec. 2007).

3. I would be an unimportant body organ there is a vesting schedule.
The schedule usually stipulates that after 1 full year of service you
get 0% if you quit. After 2 years you get 20%. After 3 years 40%. Yada
Yada.

Request a copy of the plan document. Everything you need to know will
be in there. From personal experience, if you walk away with 1 penny
of empoyer contributions after only 11 months of service, I will be
shocked. Don't expect any different at your next job either.

Good luck.

 
Old 01-03-2008, 12:12 AM
John A. Weeks III
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Posts: n/a
Default Re: 401k question

In article
<a3216239-bd22-446c-9368-6b80f61534f6[at]t1g2000pra.googlegroups.com> ,
6e <aotemp[at]hotmail.com> wrote:

- quote -

> I had a 401k with my employer for 11 months (starting in early
> November 2006 ending in early October 2007). The plan does not state
> any special rules for employer contribution.
> I received my 2006 contribution. But since I left the company they
> are trying to deny me from getting the company contribution for 2007.
> My question is, is this legal? If not what can I do about it?


What does the plan rules say? If you don't have a copy, get a copy
from the plan administrator.

If you put in money on a periodic basis from your pay, then I don't
see how they can deny you.

If you got some kind of contribution from the company, then there
are any number of ways they can deny you. For example, they can
make the contribution like an annual bonus or profit sharing,
and they can state the date range that you have to be employed
in order to get the contribution. There is no requirement for
pro-rating this stuff for a partial year. They can also put
in vesting rules. For example, they might give you the
contribution, but you forfit 50% if you leave within 2 years,
and forfit 75% if you leave within the first year.

Read the contract and tell us what it says.

-john-

--
================================================== ====================
John A. Weeks III * * * * * 612-720-2854 * * * * * *john[at]johnweeks.com
Newave Communications * * * * * * * * * * * * http://www.johnweeks.com
================================================== ====================

  #-1  
Old 01-02-2008, 11:17 PM
6e
Guest
 
Posts: n/a
Default 401k question

Hi!

I had a 401k with my employer for 11 months (starting in early
November 2006 ending in early October 2007). The plan does not state
any special rules for employer contribution.

I received my 2006 contribution. But since I left the company they
are trying to deny me from getting the company contribution for 2007.
My question is, is this legal? If not what can I do about it?

Thanks!

 

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401k, question
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