Basically Posted September 30, 2024 Posted September 30, 2024 In my plan design I always put in that vesting does not apply when someone dies or becomes disabled. How is this applied if the employee terminates, the balance is left in the plan and then they die? I bumped the vesting up to 100%. Am I correct?
ESOP Guy Posted September 30, 2024 Posted September 30, 2024 A well drafted document will answer this question. Does the plan say a person becomes 100% vested if they terminate because of death or disability? If so, I don't think they become 100% vested as they did not terminate becasue of those causes. It is pretty rare but I have seen plans that are pretty clear that if a person dies after they terminate they become 100% vested. I don't think I have seen that for disability. But this to me it is very important to read the document very carefully and note all the words and what triggers full vesting upon death or disability. One last note: As a matter of facts it can be hard to detect a terminated becasue of disability. Since some plans define disability as determined by the Social Security Administration and they can take over a year to make a determination you should look at the date of the determination. They will retro the determination back to when the process started. So you could have a person leave the company and over a year later be determined as disabled around the date of termination. To be very clear that is a question of facts not document. Your first question can ONLY be answered by reading your document. But it would be a rare document that says you are correct in my experience. Gina Alsdorf 1
Gina Alsdorf Posted September 30, 2024 Posted September 30, 2024 Yeah this is a what does the document say question. Bill Presson 1
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