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can I recover old 401k?

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spinningcain

Junior Member
What is the name of your state?Nevada........... About 15 years ago I had a 401k with a company I then moved and quit the job and have had no contact with the company my question is can I recover the funds our is it to late? p.s the company was based in California

Thanks for your help Jerry
 


cbg

I'm a Northern Girl
Assuming that the company is still in business, yes, you should be able to access it by contacting the company.
 

tonymarq1

Junior Member
401(k) Recovery

I would add that you needed to be fully vested to recover 100% of the money. 15 years ago, and even today, many companies required a vesting periods to be entitled to all the cash. For example if you worked with the company for 1 year, you got 25% ownership of the funds, worked two years, 50% ownership, etc. the longer you worked for the company, the more vested you were. Note, that some companies had five year vesting periods. Vesting periods varied, and depending on the company, the vesting period may affect you.

Finally, if you're entitle to anything, you must still be 59 1/2 to get access to the money, or you must roll it over to avoid being penalized.
 

Litigation!

Senior Member
spinningcain said:
What is the name of your state?Nevada**************.... About 15 years ago I had a 401k with a company I then moved and quit the job and have had no contact with the company my question is can I recover the funds our is it to late? p.s the company was based in California

Thanks for your help Jerry

My response:

Benefits consisting of money or other property to be distributed from a plan providing health and welfare benefits, pension benefits, vacation, severance, retirement benefits, death benefits, unemployment insurance, or similar benefits do not escheat. Rather, such benefits go to the trust or fund from which they are distributable, subject to Code Civ. Proc. §1521, which controls escheat of funds in an employee benefit plan. However, if the plan terminated and the trust or fund was distributed before distribution of the benefit from the estate, the benefits do escheat. [Prob. Code §6806]

The money has more than probably been deposited with the State of California; i.e., It has "escheated" to the State. It's waiting for you to claim it. Go to the Internet site for Unclaimed Funds.

IAAL
 

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