Employee and Employer Contributions
When drafting a QDRO for the The County Federal Credit Union 401(k) Plan and Trust, it’s essential to clearly distinguish between employee deferrals and employer contributions. Many employer contributions are subject to a vesting schedule. If the participant is not 100% vested at the time of divorce, any unvested amounts may be forfeited and not subject to division.
QDROs should specify whether the award to the alternate payee includes only vested balances or attempts to track future vesting, though most plans only allow division of what’s vested as of the date of divorce or division.

