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July 21, 2026

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TPApril created a topic in 401(k) Plans

Part Time EE to Independent Contractor and Vesting/Partial Termination?

"Company has 3 employees: owner and one other work full time. Other works part time (under 1000 hrs/yr). All participants are in the PS (no 401k) plan and part timer receives PS every year (eligibility is simply last day worked.) Owner wants to convert part time employee to independent contractor status and not allocate additional PS to part timer. Part timer is 40% vested due to initial years of employment, so I'm curious if there is a partial termination situation here that would result in him becoming fully vested."

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