Employee and Employer Contributions
401(k) plans often include both employee deferrals and employer matches or profit-sharing contributions. The Microcare, LLC Salary Savings Plan likely follows this model. Here’s what to keep in mind:
- Employee contributions are typically 100% vested and can be divided based on any mutually agreed date (e.g., date of separation, filing, etc.)
- Employer contributions may be subject to a vesting schedule—meaning a portion may not be available to divide unless the participant has worked long enough
- QDROs must be drafted carefully to address whether the alternate payee is entitled to any future vesting or just the vested portion as of a specific date

