Employee and Employer Contributions
401(k) plans typically consist of employee salary deferrals and employer contributions, including matching and discretionary amounts. A proper QDRO should distinguish between these types. Employer contributions often come with vesting schedules—meaning the employee may not be entitled to all matching funds until a set period of employment has passed.
When drafting a QDRO for the Miller Auto Leasing Company 401(k) Plan, it’s important to clarify:
- Whether the employer contributions are vested or not
- The date used to determine vested status (e.g., the date of separation vs. the QDRO date)
- Whether the alternate payee will share in any non-vested amounts if those become vested later
Being specific about these issues avoids overpayment or disputes at the plan level.

