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Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 53577
Experience:  Licensed attorney helping employers and employees.
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My employer withheld 401K company Non- Discretionary

Customer Question

My employer withheld 401K company Non- Discretionary contributions while I was on a disability leave because they said I was an inactive employee. The pension plan only addresses full time, part time and terminated employees. The company policies do not have anything written regarding an inactive employee.
I was on the same type of disability leave in 2013 and Non-Discretionary Contributions were made to my account.
I have a 401K plan that I do not do contributions, only the company does Non-discretionary contributions as part of a take over agreement from my former employer.
At first I was told ( in writing) the contributions were withheld because my leave exceeded 90 days, now I am being told, no it was because I was an inactive employee but I was not notified of a change in my employment status at the time and nothing about my employment or benefits changed.
Submitted: 4 months ago.
Category: Employment Law
Expert:  Infolawyer replied 4 months ago.

are you asking if company needed to make contributions during your leave?

do you know if it has not done so for others during their leave?

while on leave where you classified still as full time?

Expert:  Infolawyer replied 4 months ago.

If classified as full time during leave, company needed to continue to contribute, especially since didnt tell you in advance it would not.

Expert:  Infolawyer replied 4 months ago.

Please rate me positively, and if I may clarify anything, just ask.

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