How are my years of service determined in regard to vesting in a 401(k) plan?
Many employers who make matching contributions to their workers’ 401(k) plans require employees to work a specified number of years before they’re entitled to collect the money that the employer has kicked in. This process is called vesting. In some plans, your employer’s contributions are vested immediately. In others, you don’t even start vesting until at least five years have passed-meaning that you can’t keep any of the company’s contributions if you leave its employ anytime sooner, but after five years of service you will be 100% vested. Companies that don’t offer immediate vesting base their vesting on the worker’s years of service to the company. By law, you must be fully vested-in other words, be entitled to all the funds your company has contributed to your 401(k) plan-after seven years of service using a graded vesting schedule and five years of service using a cliff vesting schedule. Your employer can use one of two methods to determine your years of service. According to "Building Your Nest Egg with Your 401(k)" (American Press Inc., Washington Depot, Conn.), "In the first, your years of service are determined by the number of hours you actually worked in a 12-month period. You must be credited with a year’s service for any 12-month period in which you worked at least 1,000 hours. This lets you earn a year of service in less than 12 months. The second way to calculate years of service is the elapsed-time method. Your employer counts 12 months per year from the date you were hired to the date you leave, regardless of how many hours you worked. Many companies use both methods: the first is often used to determine your eligibility to participate in the plan, and the second is used to decide when you’re fully vested in the company’s contributions to the plan."
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The company I work for has four different business units. The subsidiary that I work for does not offer a 401(k) plan, but I am transferring to another unit that does. How will my years of service be determined for vesting purposes?
If you transfer from a unit that does not offer a 401(k) to another unit that does, your employer is legally required to count all your years of service with the company to determine your eligibility for benefits and for vesting. Your length of service at any particular unit is irrelevant. What counts is the time that you have worked for the company overall.
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