Employee and Employer Contributions
The Big Panda, Inc. 401(k) Plan most likely includes both employee deferrals and employer contributions. It’s important to distinguish between them in a QDRO for two reasons:
- Employee contributions are always 100% vested.
- Employer contributions often follow a vesting schedule and may be partially forfeitable.
If you’re the alternate payee (the spouse receiving a share), you should know that unvested employer contributions usually do not transfer unless they vest later per plan rules. Getting a recent vesting statement from the plan is key before drafting the QDRO.

