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View Full Version : Can an employer withhold my 401A if I am under 59 and disabled


garypb
Mar 5, 2013, 12:51 PM
I am a disabled veteran considered unemployable. I left my employer 2 years ago and they still refuse to release my 401(a) for rollover or to me at all. Is this leagle

Caligurl86
Mar 5, 2013, 01:55 PM
No its against the law the IRS would know what to do to them, audit their asses off

smoothy
Mar 5, 2013, 04:48 PM
It all depends... are you talking about money YOU put in it... or money THEY put in it?

Public Sector - 401(a) Basic Information (http://www.retirementplanadvisors.com/rparetire.nsf/LinksView/3172C56495DEC0B386257427006CACC6?Opendocument)

If its money YOU put in it... you would be subject to a 10% penalty plus taxes based on your tax rate for the year... if its money THEY put in... you aren't vested so its not yours to have. Or at least the part they put in if you both put money in.