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Posted

A 401(k) plan has a vesting schedule of 50% after 1 YOS, 75% after 2 YOS and 100% after 3 YOS. The employer wants to amend to a 2/20 schedule, but only for employees hired after a certain date.

Employees can make 401k contributions immediately upon hire (no eligibilty requirements, but have to wait 1 year to participate in the 401(k).

Since these new hires are actually participants in the plan, I think that they would be 50% vested after year 1, but would then follow the 2/20 schedule thereafter. That is, 50% after year 1, 2, and 3. Then, 60% after year 4, 80% year 5, and 100% year 6.

Does anyone agree with this?

Posted

Found my answer: Since they are participants, but all would have less than 3 YOS, they would get the vested percentage from the old schedule, based on their current YOS. Then, they would follow the new vesting schedule until they are 100% vested.

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