Legal Question in Investment Law in California

My old employer took $6,800 from my 401k account after more than six years after my departure, there explanation was that I was not fully vested. What is the statue of limitations to transfer money out of my 401k account.


Asked on 3/25/12, 3:31 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I'm doubtful that there is a "statute of limitations." Statutes of limitations normally limit the time a potential plaintiff has to bring a lawsuit or prosecution. Here, there is no court action involved. This is an accounting procedure under a contract, not a court action. There's still a question as to whether the employer is right, of course. I'd suggest starting with a careful review of the vesting provisions of the particular 401(k) plan, followed with an "informed discussion" with the employer's 401(k) administrator.

Read more
Answered on 3/26/12, 4:13 pm


Related Questions & Answers

More Investment Law questions and answers in California