Employee vs. Employer Contributions
401(k) plans typically include both employee salary deferrals and employer-matching contributions. When drafting a QDRO for the Amusement Companies Group 401(k) Plan, it’s crucial to clarify which contributions the alternate payee is entitled to:
- Employee Contributions: These funds are fully vested and can be divided according to the date of marriage, separation, or other agreed-upon cut-off dates.
- Employer Contributions: These are often subject to a vesting schedule. The QDRO should specify how to treat unvested amounts and whether the alternate payee’s share includes only vested amounts as of a particular date.

