Legal Question in Investment Law in California
I was terminated from a company in January 2010. I requested the return of my 401K funds at the end of the third quarter. At first I was told I could not get them until March 2011, now they are saying I cannot have them until after Dec 2010.
Since all I am asking for is my portion, It seems I should be able to get them October 1 or roll them over.
They have been telling terminated people this for years.
1 Answer from Attorneys
Your 401(k) plan is a contract between you and the employer and/or its plan administrator. The starting point is to assume you have whatever rights the plan agreement gives you. Typically at many firms it takes a little paperwork (an application, etc.) but usually the former employee gets cashed out or a rollover is done in a couple weeks. Sometimes it depends on the amount of money in the employee's account; small plan balances are sometimes paid to the employee immediately and automatically on termination, with no right to stay in the plan.. There may be some IRS or California Labor Dept. rules as to speedy cash-outs, but I could not find them with some quick checking. I think your starting point is to read the applicable sections of the documents you signed to join the plan in the first place. Months and months seems too long.
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