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Junior Member
What is the name of your state? North Carolina
My boss won't let anyone enroll in 401k program until they've been employed 2 years...and then you have to wait until an enrollment period, I believe it's quarterly. The boss doesn't contribute any money. How can he deny an employee enrollment when it doesn't cost him anything? All the money vested belongs to the individual employees.


Senior Member
You need to get a copy of the SPD (Summary Plan Document) that spells out the eligibility requirements, vesting schedule, etc. The employer must adhere to it's own plan rules. I do believe that the employer can set the time at which an employee can first enroll, or then enroll at a later time, at whatever they want, which needs to be delineated in the Plan Document.


I'm a Northern Girl
Although I've never heard of an employee having to be employed for two years before becoming eligible, to the best of my knowledge it is perfectly legal to have such a requirement as long as it is spelled out in the plan document. (It is not uncommon to require one year's employment btw.)

It is also perfectly legal, and not uncommon, to only allow enrollment on a quarterly basis (in fact, as an administrator, this is what I prefer). This is subject to the same qualification as the above.

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