Employee vs. Employer Contributions
Employee contributions are generally fully vested and available for division via QDRO. However, employer contributions—such as matching funds—may be subject to a vesting schedule. If the employee spouse (the participant) has not met the years-of-service requirements, some of those employer contributions could be forfeited and excluded from the division.
When drafting a QDRO for the Cymabay Therapeutics, Inc.. 401(k) Profit Sharing Plan and Trust, it’s critical to determine which contributions are vested and non-vested as of the division date. This ensures the alternate payee receives only the amount legally allowable under the plan.

