A: The maximum permissible
vesting schedules applicable to defined contribution (DC) retirement plans-e.g., a 401(k)/profit-sharing plan or 403(b) plan-have changed over the years.
- 401(k) Primer: provides the financial advisor with an in-depth overview of the 401(k) market, explaining the eligibility, types and designs of 401(k) plans, contributions/distributions, investment vehicles, nondiscrimination testing,
vesting schedules, and the tax consequences of distributions through loans and hardship withdrawals.
Under it, there are various
vesting schedules permitted, but 100% vesting in employer contributions usually takes several years, something that is extremely difficult in the increasingly "gig" economy.
Table 1 displays the different types of
vesting schedules available under ERISA and TRA '86.
In addition, GFI employees holding RSUs will receive USD 6.10 per RSU in cash, based on their pre-existing
vesting schedules. All outstanding conditions of the tender offer have been met.
The Economic Growth Tax Relief Reconciliation Act of 2001 (EGTRRA) accelerated the
vesting schedule. ESOPs are required to follow one of two
vesting schedules:
Plans can have faster
vesting schedules, and some even have 100% immediate vesting.
The majority of the documents that we read had
vesting schedules in a range from three to five years.
Vesting schedules, interestingly, are about the same for adviser and non-adviser plans.
Qualified plans typically feature a choice of
vesting schedules to reward longer-term employees.
Private letter rulings and IRC Section 83 provide some guidance regarding what might constitute a substantial risk of forfeiture under plans that use something other than simple service-based
vesting schedules. The Section 83 regulations identify certain conditions that generally will not constitute a substantial risk of forfeiture.