Employee and Employer Contributions
When preparing a QDRO for the Five County Credit Union 401(k) Plan and Trust, it’s important to understand the distinction between employee contributions—which are always 100% vested—and employer contributions, which could be subject to a vesting schedule. The QDRO must make clear whether the alternate payee (usually the former spouse) is entitled to both types of contributions or just the vested portion.
If part of the employer contributions is not vested at the time of divorce or the date used for division (such as date of separation or filing), it’s critical to be specific in the QDRO and decide whether the alternate payee gets none, some, or all of any future vesting. The plan’s summary plan description (SPD) or the plan administrator can provide current vesting status and schedules.

