Legal Question in Tax Law in Hawaii

It is entirely possible that the plan document does not allow distributions more than once or twice a year, in which case you will be able to get to your funds as soon as that point in the year arrives.

If that is not the case and if you have filled out all the forms long ago, you are not rolling it over and there is not a waiting period until you can participate in your new employer�s 401(k) plan or you think they are targeting you alone for some reason, then that would in many cases be unlawful, unless is it a company stock situation.

I would also suggest contacting the vendor (insurance company) for the 401K. They cannot withhold any 401K contributions with the exception of what is written into the 401K plan.

The Employee Retirement Income Security Act of 1974 (ERISA) governs 401k plans. If a plan is orphaned (meaning company is probably filing bankruptcy and nobody is getting paid), the U.S. Department of Labor (DOL) is responsible for protecting the assets.

For any help, you can call the Dept of Labor's Employee Benefits Security Administration at 202-219-8776 or toll free at 866-275-7922.