Company not matching 401k even though policy says they will.

My company has a 401k match. I noticed a few weeks ago that the match had not been applied the entire year (shame on me for not checking sooner). I asked the benefits team and I got an odd response. they say that because I started in 2017, the 2018 401k policy does not apply to me and that I must follow the 2017 401k standards and wait one year before getting the company match . The 2018 401k policy states that all employees get a company match immediately and that if you were hired prior to 2018 it is fully vested, otherwise it will take two years to vest. The issue that I have is that I was not eligible to start my 401k until 1/1/2018 AND the 2018 policy does not have any stipulation on eligibility other than you must be 21 and a full time employee, which I am. What options do I have here?

To add some more info:

This is from the plan documentation overview-“The purpose of the plan is to enable eligible Employees to save for retirement. As well as retirement benefits, the plan provides certain benefits in the event of death, disability, or other termination of employment. The Plan is for the exclusive benefit of eligible Employees and their Beneficiaries.”

And this is from the plan documentation around eligibility-

“A.Eligibility RequirementsYou are eligible to participate in the Plan if you are an Employee.However, you are not eligible to participate if you are:•a resident of Puerto Rico

a leased Employee

•Temporary Employees However, if you are in the group(s) listed below, you shall become eligible to participate in

the plan on the first entry date after you have reached age 21 and have completed at least 1,000 Hours of Service

during an Eligibility Computation Period:

•Temporary Employees

You are also not eligible to participate if you are an individual who is a signatory to a contract, letter of agreement, or other document that acknowledges your status as an independent contractor not entitled to benefits under the Plan and you are not otherwise classified by the Employer as a common law employee or the Employer does not withhold income taxes, file Form W-2 (or any replacement form), or remit Social Security payments to the Federal government for you, even if you are later adjudicated to be a common law employee.

You will become eligible to participate in the Plan according to the table below:


Employer Matching contributions-

Age requirement 21

service requirement-None

Entry Date- First date of each month”

The plan also states that those hired prior to 2018 will be fully vested upon match and not have the 2 year vesting period.

Does that help clarify? or is there another document besides the plan summary overview I should be checking?

submitted by /u/clusterphook
[link] [comments]

Main Source
Author: /u/clusterphook

You might also like More from author

Comments are closed.