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414(h) Pick-Up


oldman
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We have a governmental 401(a) plan with a pick-up feature, and an employer nonelective contribution subject to a vesting schedule. The plan states that service with the employer will not be counted during the time the employee failed or refused to make a contribution to the plan.

Can the plan exclude service while a participant failed or refused to make a contribution required under the terms of the plan?

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How can a participant refuse or fail to make contributions to the plan? In a pick-up arrangement, they are taken directly from the participant's wages, without any action by the participant.

Employee benefits legal resource site

The opinions of my postings are my own and do not necessarily represent my law firm's position, strategies, or opinions. The contents of my postings are offered for informational purposes only and should not be construed as legal advice. A visit to this board or an exchange of information through this board does not create an attorney-client relationship. You should consult directly with an attorney for individual advice regarding your particular situation. I am not your lawyer under any circumstances.

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