Matthew Lee Gouaux’s Answers

Matthew Lee Gouaux

San Francisco Employee Benefits Lawyer.

Contributor Level 6
  1. Can I be 100% vested in 401K employer contributions if laid off 10 days before 5 yr anniversary?

    Answered about 4 years ago.

    1. Matthew Lee Gouaux
    2. Steven J. Fromm
    2 lawyer answers

    The longest permitted vesting schedule for employer contributions after 2006 is (a) 3-year "cliff" (that is, 1 year = 0%, 2 years = 0%, 3 years = 100%) or (b) 2 to 6 year "graded" (that is, 1 year = 0%, 2 years = 20%, 3 years = 40%, 4 years = 60%, 5 years = 80%, 6 years = 100%). So if the Summary Plan Description or other plan document says you're not vested at all until you earn 5 years of service, you're probably looking at an old version of that document. You're former employer or the plan...

    2 people marked this answer as helpful

  2. Is it possible to sue my ex husband for military retirement, 401K, company stocks, etc., now 3yrs after the fact?

    Answered about 4 years ago.

    1. Christopher Michael Schmiedeke
    2. Matthew Lee Gouaux
    2 lawyer answers

    To obtain an interest in your former spouse's 401(k) plan account, you would need to obtain a court order known as a "qualified domestic relations order" or "QDRO". You likely would need a similar court order to obtain an interest in a military pension. It is not uncommon for such orders to be issued years after a divorce has been finalized; however, local law and the terms of your divorce decree may affect your right to go back to court to seek such an order. If you intend to pursue your...

    1 person marked this answer as helpful

  3. Do I need a CPA or an Attorney to set up a SELF DIRECTED IRA so I can purchase investment REAL ESTATE thru the IRA

    Answered about 4 years ago.

    1. Mark Andrew Touby
    2. Matthew Lee Gouaux
    2 lawyer answers

    You may be able to set up an LLC on your own, and you certainly could contact any number of financial services companies about the IRA. However, I would strongly encourage you to seek the advice of an attorney with a solid understanding of ERISA (the Employee Retirement Income Security Act of 1974) particularly ERISA's prohibited transaction provisions, regarding this transaction. THIS POST IS FOR INFORMATIONAL PURPOSES ONLY, IS NOT INTENDED TO BE AND MAY NOT BE RELIED UPON AS LEGAL...

  4. Is there an attorney who is experienced with Federal Employees Benefits?

    Answered about 4 years ago.

    1. Matthew Lee Gouaux
    1 lawyer answer

    As a starting point, you might take a look at the OPM website, which has a lengthy FAQ and two Employee Decision Guides that you may find helpful: FAQ: http://fehb.opm.gov/retire/pre/fercca/faq/toc.htm Employee decision Guides: http://fehb.opm.gov/retire/pre/fercca/eedecision.asp

  5. Is my mother eligable for surviving spouce benefits?

    Answered about 4 years ago.

    1. Matthew Lee Gouaux
    1 lawyer answer

    The language "earlier of" in the quote above means the relevant date is the date of "retirement" if that date is before the person dies. This would be consistent with the general rule under ERISA that if a retirement plan participant is not married when benefit payments commence, benefits ordinarily would be paid in the form of a single life annuity (a monthly benefit for the participant's lifetime only) unless the plan permits the participant to choose a different form of benefit. You...