1. Employee vs. Employer Contributions
401(k) plans include both employee contributions (taken from the worker’s paycheck) and employer contributions (usually as a match or discretionary amount). Employee contributions are always fully vested, but employer contributions may be subject to a vesting schedule. For the Revco Lighting & Electrical Supply, Inc.. 401(k) Plan, it’s important to determine:
- Which employer contributions have vested and which haven’t
- How to allocate employer vs. employee funds in the QDRO
If only a portion of the employer contributions are vested, the QDRO should clearly state that only the vested balance will be divided. Unvested amounts could be forfeited if the employee leaves the company before meeting the plan’s vesting requirements.

