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Leave of absence to rollover 401(k) funds?


Okay, my 401(k) plan investment options suck. Index funds with fees near 1%, managed funds that bite, and time-target funds that are just ludicrous with the fees. I want to roll the money into an IRA so I can choose better (lower fee) options.

However, our plan does not offer in-service withdrawals, and I like my job.

Can I arrange a scheme with my employer where I "quit" for a period of time, unpaid, and then I am hired back? If so, can I rollover the funds while I have "quit"?

My employer already has a written policy in place where employees who are terminated or quit and later re-hired within four years keep all their seniority benefits like vacation time and 401k vesting schedules, so the only thing I would lose would be my paycheck while I am in "quit" status.

If this is legal and works, how long would I have to "quit" for in order to do all the required paperwork? What risks am I incurring by trying this?

-->Adam

Oh, almost forgot.

All funds in the 401(k) are fully vested. Our company vests funds 100% to employees with over 4 years in service.

The problem is that you may forfeit any non-vested money in the account. For example, lets say you put in $10K and your employer match it with another $10K, that has not yet vested. And now that $20K has grown to $24K. If you quit, but leave the account alone, that $24K will continue to grow and will be worth even more upon your return. If however, you take out 'your' $12K, the employer's $12K will be forfeited and can never be recovered. In some cases, you may be partly vested (say 20%), in this case you'll get 'your' $12K, plus $2.4K, the rest is forfeited. The only exception is if you put in money that was not matched by your employer. Some, but not all, plans allow you to take that money (and its growth) out but leave the rest w/o forfeiting.

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