Employee and Employer Contributions
401(k) plans typically include both employee deferrals and employer matching contributions. A well-drafted QDRO should clarify how each type of contribution is divided. Remember that:
- Employee contributions are always fully vested.
- Employer contributions may be subject to a vesting schedule.
With the Summit Academy Oic Retirement Savings Plan, which is subject to typical qualification rules under ERISA, the employer’s contributions may not be fully vested at the time of divorce. That means the alternate payee may only receive a portion—or none—of those amounts depending on the participant’s length of service.

