401K Vesting Errors

[buzz1317]

What is the name of your state? Illinois

I was in a 401K and was terminated 2 years ago. The company failed to submit my termination to the plan company. At the time of termination I was not 100% vested. It has just come to the plan companies attention that I no longer work there and they are asking for me to remove my money from the plan. According to my statements I am now 100% vested.
Can they take away the percentage (15%) that I gained due to the employer not contacting the plan company and notifiying them of my termination date?

How would you calculate losses and gains back to the time of termination if you could take it away.
Thanks in Advance

 

[Beth3]

Can they take away the percentage (15%) that I gained due to the employer not contacting the plan company and notifiying them of my termination date? Yes. You are only legally entitled to whatever employer contributions are vested under the terms of the Plan Document, regardless of any administrative errors.

How would you calculate losses and gains back to the time of termination if you could take it away. That's an irrelevant question. The only thing at issue is the % of company contributions to which you are entitled. Losses and gaines on the contributions don't matter. You chose to leave the money there.

 

[buzz1317]

Thank you very much for your time!