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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4528
Experience:  Exclusively practice labor and employment law.
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I have a defined contribution plan with my employer, which I

Customer Question

I have a defined contribution plan with my employer, which I have been contributing to. However, I have been contributing the full amount, and my employer has been contributing nothing, but claiming that a percentage of what I have contributed was made by them. Is that illegal?
Submitted: 11 months ago.
Category: Employment Law
Expert:  John replied 11 months ago.

Yes, generally they must conform to the plan contribution rate and time. Usually these are yearly contributions. The time the IRS gives them to make such contribution is the date of tax filing, plus any extension - so that's April to October of the following year. If your employer is not making such contribution it is a fiduciary violation of ERISA to not make such contribution and you have a viable claim against the employer. You could also contact the Department of Labor to file a complaint. http://www.dol.gov/ebsa/contactebsa/consumerassistance.html

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