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William C | Can my employer force me to contribute to a 401K plan? |
I work for a contracted company for the government. This past Jan a new company got the renewed contract, so I technically got a new employer. I was told that I have to participate in the company's 401k plan or otherwise get terminated. Is this legal?
Additional Details
Actually I am already enrolled in my own retirment plan through the military so I really dont need this one. I am certain the company is doing this to avoid paying taxes, as they do not really contribute to my knowledge. |
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athe74
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I would suggest you participate |
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tonyv
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no not legal
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Mrs. Goddess
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No it isn't legal.
First, you need to question the source of that information. Was it told to you by a supervisor or did you get the info from "a reliable source" in the rumor-mill? IF you got it from a supervisor, send them an email (must have it in writing) - something along the lines of "I have a quick question & am not sure if I understood the information correctly. Is it correct that we are required by the company to contribute to the 401k plan?".
I don't think that is what was said. You were probably told that if you want to receive extra money from your employer (as in a contribution match), you must contribute to the 401k plan. That is very common. |
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digdowndeepnseattle
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I think you may be confused...you can't be forced to contribute your own money. They have automatic enrollment plans but you always have the choice to opt out. ALWAYS! However, there are other contributions that you may not be able to opt out on but those are all employer based contributions. That being said there are also other types of retirement plans that may require a contribution. For example a 401(a) type plan that teachers have does have a required contribution. But again that's not a 401k.
If the plan truly is a 401k plan then they can't force you into contributing the money into the plan. And, if this is the money that you are saying it is...company money that is being forced to be put into the plan then it should be termed employer money and certain discrimination testing rules need to be applied.
Id need more information to tell you what to do but I will say this...if you need the job then don't make waves. If you don't need the job then ask for additional clarification and provide more details back on here. |
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src50
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No, you can't be forced to participate. But you will need to opt out if you want to decline. Think about it, though. You will need additional retirement income besides military retired pay - I know! |
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Beau.Gus
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A 401(k) plan is basically just one of the several parts that make up your "total rewards" package your employer gives you in return for the work you do. In effect, it is a benefit no different from time off, sick leave, lunch breaks or your pay-check.
If you don't like it, you are under no obligation to stay there!
BTW, if you would rather not contribute to a deferred comp plan, that implies that you want tax-payers to look after you when you retire instead of you looking after yourself...is that REALLY what you mean? You are upset that your employer is "forcing you" to do the right thing?
And yes, it is legal...
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Fearless Income
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Very interesting. I'll tell you why I WOULDN'T take out a 401k:
I lost over $8000 a few weeks ago,
My father lost over $28,000 in his TSP (401k equivalent)
Meanwhile, my Forex account has NEVER had a losing month. The lowest month we ever had was 3%, the highest was about 45%.
In November, my ROI was 18.6%.
I'd say go tell them to shove their 401k --- you know the rest. |
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iluv2tradestks
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I don't think you totally understand your employers offer. If you aren't participating, you are only throwing money away. You don't pay taxes on your 401k contributions. It almost sounds like your employer is "giving" you your 401k, and refusing you are throwing the money away, just like you would be vacation time if they offered you an additional paid week and you said no. It sounds like, the additional $3.00 an hour is a policy of the company that has been agreed to by people in control. If you want to tell them to keep the $3.00 and not put it in your 401k, they may fire you for stupidity. |
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ridingnchicago
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That's not legal to require you to participate in the 401k plan. Not sure why you wouldn't want to, most companies have a match of like 6% some a little higher some a little lower but if you get paid $1,000 a week you would pay in $60 and they would match your $60. Basically your getting a free $120 a month from them invested, why not do it? |
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lostintranslation
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That is the weirdest thing....especially when they have to contribute. Maybe there is a loophole and it is a way out of a pension or something. It is a good thing to participate though either way. |
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86T/A
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I wouldnt think so, tell them to **** off |
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