1. Vesting Schedules
Employer contributions to the Highland Electric Transportation Inc.. 401(k) Plan may be subject to a vesting schedule. This means the participant may not be entitled to the full employer contribution amount until a certain number of years of service. When dividing the account, only the vested portion of the employer contributions is eligible for division through a QDRO.
Unvested funds usually return to the plan (are “forfeited”) if the participant leaves the company early. Your QDRO should make clear whether the alternate payee (ex-spouse) shares in those forfeitures or receives only vested amounts as of a cutoff date (often date of divorce or separation).

