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Posted

Hello:

I worked for a company for 12 years and was a participant in the profit sharing plan (100% employer funded). The vesting period was 1 year for 100%.

I left the employer a few months ago. I recently received notice that I received a profit sharing plan payment for my work in 2018.  

The plan provider has changed since I left, and my new provider shows that I am 0% vested. 

I believe I am entitled to receive the distribution because I was 100% vested at the time of my departure. I would like to roll this money over into my new retirement account.

Can anyone provide some helpful information on this?

Thanks!

Posted

The new provider may not have gotten accurate vesting information or may not have loaded it on their system yet. This may be a simple fix.

Call the Plan Administrator, probably your old employer, tell them you'd like to receive a distribution and request whatever paperwork you need to complete. Tell them you beleive your are 100% vested but the new record keeper does not reflect this. If you have old statements showing 100% vesting that would be helpful but not required. If you worked there 12 years, it's hard to believe you are not 100% vested though there are some unusually situations where this might be the case but not if you were previously 100% vested.

Vesting information should be your summary plan description, if you can't locate your copy, request another.

 

Posted

Thank you for the response, this is very helpful information. I have received the distribution paperwork from the new provider, and I will contact my old employer regarding the vesting discrepancy. Hopefully this a simple fix.

Thank you.

 

Posted

Did you work at least 1,000 hours in many of those years?

QKA, QPA, CPC, ERPA

Two wrongs don't make a right, but three rights make a left.

Posted

Hello - Yes. I worked full time (40 hour weeks) for the entire 12 year period. My final statement from the old plan provider showed me as 100% vested in the plan. However, the new provider shows me as 0% vested. I am hoping this is an administrative error, as Lou mentioned above.

If I was 100% vested when I departed, then my vesting percentage can't be retroactively changed after I left? Even if the plan provider changes.

Posted
41 minutes ago, Marsh said:

If I was 100% vested when I departed, then my vesting percentage can't be retroactively changed after I left? 

Correct. 

Posted

… assuming your plan is not subject to the rules (or lack of rules) that apply to a governmental or church plan.

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

Posted

Your vesting cannot be retroactively reduced, but in the (seemingly very unlikely) case that the first provider was wrong and the second has corrected the records, that would not be a change.

Luke Bailey

Senior Counsel

Clark Hill PLC

214-651-4572 (O) | LBailey@clarkhill.com

2600 Dallas Parkway Suite 600

Frisco, TX 75034

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