Can the legally make me start vesting all over again?

Asked 10 months ago - Fort Collins, CO

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My private sector employer recently entered into a joint operating agreement with an organization that is a political arm of the State of Colorado. My employee benefits are changing January 1, 2013. I will change from social security to a 401(a) with a mandatory 6.2% employee contribution that is matched by the employer and 100% of the funds are vested immediately; I am unclear which funds are vested, mine, theirs or both. I will no longer be able to contribute to a 401(k). I can choose to put funds into a 403(b) with a max 3% match - vested at 20% per year, and completely vested after 5 years or a 457.

Can they legally make me start vesting all over again as if I am a day one employee? I currently have 13 years as a payroll administrator with the company.

Attorney answers (1)

  1. Pro

    Contributor Level 19

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    Answered July 16, 2012 18:38. The alternative SS contributions under 401a would be vested. The 403b contributions would vest as you stated, but your share would be 100% vested from day one. Talk to your union or an attorney about this.

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