401k and immigration status
Hi Guys,
So my employer told me that i can not take part in my company 401k plan because i am not eligible. Apparently, only US Citizens are eligible... Anyone heard of this before? I know this is not an IRS regulation, so I can only assume its a company rule - are they allowed to discriminate in this way? |
Re: 401k and immigration status
Originally Posted by dh010447
(Post 8923239)
Hi Guys,
So my employer told me that i can not take part in my company 401k plan because i am not eligible. Apparently, only US Citizens are eligible... Anyone heard of this before? I know this is not an IRS regulation, so I can only assume its a company rule - are they allowed to discriminate in this way? |
Re: 401k and immigration status
Originally Posted by dh010447
(Post 8923239)
Hi Guys,
So my employer told me that i can not take part in my company 401k plan because i am not eligible. Apparently, only US Citizens are eligible... Anyone heard of this before? I know this is not an IRS regulation, so I can only assume its a company rule - are they allowed to discriminate in this way? |
Re: 401k and immigration status
Originally Posted by dh010447
(Post 8923239)
Hi Guys,
So my employer told me that i can not take part in my company 401k plan because i am not eligible. Apparently, only US Citizens are eligible... Anyone heard of this before? I know this is not an IRS regulation, so I can only assume its a company rule - are they allowed to discriminate in this way? If on the other hand this is an official policy of the employer, it may constitute nationality based discrimination, which could be grounds for a lawsuit. |
Re: 401k and immigration status
I second that. I'm not a US citizen but have always invested in a 401k plan.
There may be a probationary period before the employer will match your contribution but I've never heard of them denying participation (it's your $$ after all). I think the previous reviewer said it correctly, it might depend on what visa you hold and whether you pay (or submit) US tax returns. Otherwise, I'd consult an ERISA lawyer as yes, it would be discrimination against your nationality and should not be tolerated in any workplace. You could file a complaint with the EEOC but once you go down this road, (and only speaking in terms of practicality) you may want to consider looking for a new job. But I'd start with speaking with HR or reading up on your company's HR benefits policy. Good luck! |
Re: 401k and immigration status
Originally Posted by dh010447
(Post 8923239)
... are they allowed to discriminate in this way?
Ian |
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