Employment Law Questions? Ask an Employment Lawyer.
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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