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I am fairly certain my company will file for bankruptcy in the next 90 days. What should I do now to protect my 401K assets? How do I stop participating in my company's 401K. They nolonger contribute to my 401K.?

Oct 09, 2012 by Pam from Brick, NJ in  |  Flag
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27 votes

The good news is your company doesn't own your 401(k). So even if the company goes bankrupt, you will be able to keep the vested portion of your 401(k) assets. Vested assets are typically any contributions you have made. Employer matching programs will often have vesting requirements around the money the employer contributes. These requirements can be based off your length of employment with the firm or other factors.
You may want to look at your most recent 401(k) statement to find the plan administrator. The plan administrator services the plan and will have the specifics regarding your 401(k) and your options to opt out.

Comment   |  Flag   |  Oct 10, 2012 from Denver, CO

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Keep your most recent statement. The company does not own your investment, so it is not vulnerable to their creditors. At the close of the plan, you will have the ability to roll over to an independent advisor that you choose. I suggest you find one while you are waiting. At plan termination, your company will send you paperwork, possibly directing you to a new advisor of their choosing. Your new advisor (that you have chosen) can help you understand your options and get all the paperwork straightened out.

Comment   |  Flag   |  Oct 21, 2012 from Reading, PA

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The previous 2 advisers are correct. Your 401k account is protected from the company's creditors. However, the normal procedure will be for the company to terminate the plan. The termination will be completed by a third party administrator (TPA). It is often difficult for the TPA to get paid their fee when a bankruptcy is taking place which could drag on the termination. If the plan is not terminated and you are still employed, you may not be eligible for a distribution.

Read your summary plan description. If you are over age 59 1/2, you may be able to take an in-service distribution, meaning a distribution while you are working. If the plan does not allow for it, you will need to wait for the termination to be completed or until you terminate employment.

Comment   |  Flag   |  Feb 19, 2013 from Montgomeryville, PA

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