Forfeiture of Employee Contributions in a Governmental 401(a) Plan

[Governmental401aRookie]

Hi everyone, I've transitioned from a role in DB actuarial to governmental 401(a) plan administration and I'm trying to wrap my head around all the ways a governmental 401(a) plan differs from an ordinary 401(a) plan.

I have many questions, but the first I'll ask is about IRC Section 411(a)-4(b).  Does this language apply to governmental plans?

The plan I work for forfeits the employee contributions of a non-vested member if they fail to apply for a refund of employee contributions within five years of termination.  This is based on a state law requiring that any non-vested member apply for a refund within five years of termination.  The plan administration contacts any affected participants annually during those five years to inform them of the possibility of forfeiture and to recommend they apply for a refund.  In the case of forfeiture, the member can later apply to have the balance reinstated, but only if they provide an appropriate reason why they could not respond to our earlier communications.

The forfeiture of employee contributions unsettles me, even if the participant is notified beforehand.  We could have an out-of-date address if they moved when they terminated employment.  Am I making a mountain out of a molehill?

Thanks in advance!

 

[david rigby]

IRC 411(e) reads as follows:

(e) Application of vesting standards to certain plans

(1) The provisions of this section (other than paragraph (2)) shall not apply to-

(A) a governmental plan (within the meaning of section 414(d)),

(B) a church plan (within the meaning of section 414(e)) with respect to which the election provided by section 410(d) has not been made,

(C) a plan which has not, at any time after September 2, 1974, provided for employer contributions, and

(D) a plan established and maintained by a society, order, or association described in section 501(c)(8) or (9), if no part of the contributions to or under such plan are made by employers of participants in such plan.

(2) A plan described in paragraph (1) shall be treated as meeting the requirements of this section, for purposes of section 401(a), if such plan meets the vesting requirements resulting from the application of sections 401(a)(4) and 401(a)(7) as in effect on September 1, 1974.

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section411&num=0&edition=prelim

[Governmental401aRookie]

Thank you!  So a governmental plan must satisfy only pre-ERISA vesting requirements, and a forfeiture of employee contributions would be allowed?