here's a few links that may help:
the first one is a discussion of this very topic. if for some reason the link dies or doesn't work just cut the URL after ezboard.com and see if you can search for this
http://p075.ezboard.com/f401khelpfor...cID=1469.topic
this next link isn't an answer, but looks to be an advice site, much like askme, but legal oriented. if you can bear with the annoying ads you might be able to get advice here. i didn't search this site or look for archived articles... so this may have been already discussed.
http://forum.freeadvice.com/
found these by using yahoo and "401K legal question"... hope they help.