Employee vs. Employer Contributions
Participants may have both employee contributions (salary deferrals) and employer contributions in this plan. Sometimes, only the employee’s portion is vested immediately, while employer contributions vest based on years of service. A solid QDRO should address:
- How to split contributions—equally or based only on marital years
- Whether to include employer contributions that are not yet vested
- How to deal with previously forfeited amounts if they later become reinstated

