Employee vs. Employer Contributions
In most 401(k) plans, including the Morgan Jewelers of Salt Lake City, Inc.. 401(k) Profit Sharing Plan, there are two primary types of contributions: those made by the employee and those contributed by the employer. A QDRO must specify how each of these will be divided. Some plans allow for a full allocation of all balances as of the date of division, while others divide only certain types of contributions.
If the order doesn’t include language addressing employer contributions, especially in plans where employees don’t vest fully until several years in, substantial value can be lost. Always request a copy of the participant’s most recent vesting statement and plan summary before drafting the QDRO.

