Wednesday, August 6, 2014

My old employer took $6,800 from my 401k account after more than six years after my departure, there explanation was that I was not fully ve...

Question

My old employer took $6,800 from my 401k account after more than six years after my departure, there explanation was that I was not fully vested. What is the statue of limitations to transfer money out of my 401k account.



Answer

I'm doubtful that there is a "statute of limitations." Statutes of limitations normally limit the time a potential plaintiff has to bring a lawsuit or prosecution. Here, there is no court action involved. This is an accounting procedure under a contract, not a court action. There's still a question as to whether the employer is right, of course. I'd suggest starting with a careful review of the vesting provisions of the particular 401(k) plan, followed with an "informed discussion" with the employer's 401(k) administrator.



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