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Can a 401(k) plan offer immediate vesting on employer matching contributions but have a 5 year cliff vesting on employer discretionary profit sharing contributions?

Posted

A plan document may be drafted to apply different vesting schedules to different types of contributions.

...but then again, What Do I Know?

Posted

It is if the plan is not top-heavy. EGTRRA only modified minimum vesting schedules as they apply to employer matching contributions.

...but then again, What Do I Know?

Posted

As of today, the 5 year cliff is still permitted for profit sharing contributions. That said, there is legislation currently pending that would require all contributions in DC plans to vest using the top heavy schedule (over 3 years).

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