Employee and Employer Contribution Breakdown
The Tmax America Inc. 401(k) Profit Sharing Plan & Trust likely includes both employee deferrals and employer contributions. Employee deferrals are almost always 100% vested, while employer contributions may be subject to a vesting schedule. When drafting a QDRO, it’s essential to:
- Specify how to divide employee vs. employer contributions
- Define whether both vested and unvested employer funds are included
- Allow for future vesting if allowed under the plan
This is important because many QDROs are rejected when they attempt to give the alternate payee a right to unvested amounts, unless plan rules explicitly allow it. We recommend securing the plan’s Summary Plan Description to understand how this plan handles that issue.

