401(k) Forfeitures: How and When They Must Be Used

What is a 401(K) Forfeiture?

A 401(k) forfeiture is the non-vested portion of the employer contributions in a 401(k) plan that an employee loses when leaving the company before fully vesting according to the plan’s vesting schedule. The forfeited funds do not disappear but are held temporarily in a 401(k) forfeiture account within the plan.

For example, an employee earns $60,000/year. Their employer contributes $3,000 in matching funds. The plan uses a 6-year graded vesting schedule. If the employee leaves after 3 years, they are 40% vested — meaning they keep $1,200 but forfeit $1,800. That $1,800 goes into the plan’s forfeiture account.

There are two main types of 401(k) forfeitures: non-vested employer match contributions and profit-sharing contributions subject to vesting schedules. Their efficiency lies in ensuring that employer funds are allocated only to employees who meet service requirements, thereby supporting long-term retention. Plan administrators typically measure forfeitures through vesting schedules—commonly graded or cliff vesting—and apply them to reduce plan expenses or redistribute contributions.

To improve efficiency and protect retirement savings, employees should:

• Understand their plan’s vesting schedule and track their years of service.

• Review summary plan descriptions (SPD) to confirm how forfeitures are handled.

• Time career transitions carefully to avoid unnecessary forfeiture losses.

Why Do Forfeitures Happen So Often?

You might think, “Why would anyone lose their money like that?” But forfeitures are quite common, and they play an important role in the way 401(K) plans are managed.

Employers use forfeiture funds to keep the retirement plan financially balanced. For example, forfeitures can help cover the administrative costs of running the plan or reduce the employer’s future contributions. Think of forfeitures as a way to recycle money within the plan instead of it just disappearing.

Forfeitures aren’t just about penalties for leaving early. They are a necessary part of how retirement plans stay sustainable for everyone involved.

What are Some of the Most Common Misconceptions About 401(k) Forfeitures?

Myth #1: All money in your 401(K) is yours immediately.

Reality: Employer contributions usually follow a vesting schedule. So, you only own them fully after a certain period.

Myth #2: If your money is forfeited, you lose it forever.

Reality: You lose the unvested employer contributions, but your own contributions and vested amounts stay safe.

Myth #3: You can get forfeited money paid out to you.

Reality: Once money is forfeited, it can’t be paid to former employees. It stays in the plan for approved uses only.

What are the Rules and Regulations for a 401(K) Forfeiture Account?

To safeguard employees and maintain equity, the IRS and the Department of Labor have stringent guidelines on forfeitures. Employers are only permitted to use forfeitures for the purposes specified by law. Typical applications include paying for administrative costs and lowering future employer contributions.

The use of these forfeiture funds has a deadline as well. They usually have to be spent within a specific time, usually by the end of the following plan year after they occur, or else they run the danger of making the plan non-compliant.

Regulations have been recommended to increase openness and ensure that forfeitures are managed appropriately. These adjustments would support the preservation of plans and the protection of employee rights.

How Employers Can Use Forfeiture Funds?

So, what happens to the money in the 401(K) forfeiture account? Employers have a few options:

• Offset Plan Expenses: Using forfeitures to cover fees keeps costs lower for everyone in the plan.
• Reduce Employer Contributions: Forfeitures can be applied to reduce how much the employer needs to put in the next year.
• Reallocate Among Participants: Some plans allow unused forfeitures to be spread out to other participants, though this is less common.
• Restore Previously Forfeited Balances: If a former employee is rehired and meets certain plan conditions, forfeitures may be used to restore their previously forfeited account balance.

If you want to know exactly how forfeitures are handled in your plan, check your plan documents or ask your plan administrator for details.

Is There a Time Limit for Using Forfeitures?

Indeed, and this is significant. The scheme may encounter issues if forfeitures remain unutilized over an extended period. Plans must use forfeited funds within a reasonable timeframe, typically by the end of the subsequent plan year, according to IRS regulations. Failing to do so may result in penalties and even jeopardize the tax advantages.

Thus, if you are a plan sponsor, you are required to maintain accurate records and monitor your forfeiture accounts.

Cliff Vesting vs. Graded Vesting: How They Affect Forfeitures

Understanding your vesting schedule is the single most important factor in knowing whether — and how much — you might forfeit. There are two main types:

Cliff Vesting

With cliff vesting, you own 0% of employer contributions until you hit a specific milestone — at which point you become 100% vested instantly. The IRS allows a maximum cliff vesting period of 3 years for 401(k) plans. If you leave one day before that cliff date, you walk away with nothing from your employer’s contributions.

Example: Your employer uses a 3-year cliff schedule and has contributed $9,000 over your first two years. You resign at the 2-year and 11-month mark. You forfeit the full $9,000.

Graded Vesting

Graded vesting gives you incremental ownership each year. The IRS allows a maximum of 6 years for graded vesting. A common schedule looks like this:

For example, your employer has contributed $10,000 total, and you leave after 3 years. You are 40% vested, so you keep $4,000 and forfeit $6,000.

Which is better for employees? Graded vesting is generally more favorable because you can take something with you even if you leave before the final year. Cliff vesting is riskier — a single day’s difference can cost you thousands of dollars.

Key rule to remember: Your own contributions (salary deferrals) are always 100% vested immediately. No vesting schedule can touch the money you put in yourself.

When Exactly Does a Forfeiture Occur? (The Two Triggers)

A common source of confusion is when a forfeiture actually happens. The IRS has specific rules on this — it is not automatic the moment you quit.

A forfeiture is triggered by whichever of the following events happens first:

Trigger 1: You Request a Distribution of Your Vested Balance

If you leave your job and request a payout of your vested account balance, the non-vested portion is forfeited at that point. This is the most common trigger.

Example: You leave your job and roll your vested 401(k) balance into an IRA. At the moment that distribution is processed, the unvested employer contributions are moved to the plan’s forfeiture account.

Trigger 2: Five Consecutive One-Year Breaks in Service

A “break in service” occurs at the end of any plan year in which you worked fewer than 501 hours. If you have five consecutive breaks in service, your non-vested balance is forfeited — even if you never took a distribution.

Example: You leave your job in May without requesting a distribution. Your first break in service doesn’t occur until December 31 of that year. Your forfeiture won’t happen until after five consecutive such years — roughly 2028 or later, depending on when you left.

What this means practically: If you leave a job and have unvested funds, you are NOT required to forfeit immediately. Delaying your distribution request can preserve your options — especially if there’s a chance you could be rehired.

What Happens to Your Forfeited 401(k) if You Are Rehired?

Many employees don’t realize they may have a second chance to recover forfeited funds if they return to the same employer.

The Buyback Rule

Some plan documents include a “buyback” or “restoration of forfeiture” provision. Under this rule, if you are rehired and repay the amount you previously received as a distribution, the plan may restore your previously forfeited employer contributions. This is subject to your specific plan document terms.

Break-in-Service Rules for Rehired Employees

If you are rehired before incurring five consecutive one-year breaks in service, your prior years of service may count toward your vesting schedule. This means you could pick up where you left off — rather than starting the vesting clock over from scratch.

Important: Not all plans offer a restoration provision. You should review your Summary Plan Description (SPD) or speak directly with your plan administrator to confirm whether this option is available to you and what conditions apply.

How Can You Avoid Losing Your Employer Contributions?

Here’s the good news: you can take steps to avoid 401(K) forfeiture altogether. The key is understanding your plan’s vesting rules and planning your career moves carefully. The more you know, the better you can protect your retirement savings.

• Review Your Vesting Schedule: Know how long you need to stay to own employer contributions fully.
• Plan Job Changes Carefully: If you’re thinking about switching jobs, consider how much you might lose if you leave before being fully vested.
• Ask Questions: Don’t hesitate to get clarity from HR or your plan provider about how your plan handles vesting and forfeitures.

At first glance, 401(k) forfeitures may seem frightening, but they are only one aspect of retirement plan management. In addition to keeping plans viable, forfeitures can potentially help participants cut costs.

It pays to be knowledgeable if you want to maximize your 401(k) and prevent forfeitures from costing you money. Be sure to follow the guidelines of your plan, ask for assistance when necessary, and comprehend your vesting timeline.

2024–2025 IRS Forfeiture Rule Updates: What Plan Sponsors Must Know

The IRS and Treasury Department issued proposed regulations (REG-122286-18) in February 2023 that significantly clarified how 401(k) forfeitures must be handled. These regulations became effective for plan years beginning on or after January 1, 2024.

Key changes and clarifications:

1. Formal deadline confirmed

The regulations formally codified that all forfeitures must be used no later than 12 months after the close of the plan year in which they occurred. For example, forfeitures that arose during the 2024 plan year must be used by December 31, 2025.

2. Approved uses reaffirmed

The regulations confirmed that forfeitures may be used to: offset employer matching or non-elective contributions, pay reasonable plan administrative expenses, provide additional contributions to participants, and reallocate among participant accounts — consistent with plan document terms.

3. Expanded use for QNECs and QMACs

Following earlier 2018 guidance, forfeitures may now also be used to fund Qualified Non-Elective Contributions (QNECs) and Qualified Matching Contributions (QMACs), which are used to help plans pass ADP/ACP compliance tests. Previously, this was not permitted.

4. Transition rule for pre-2024 accumulated forfeitures

Any forfeitures that occurred before January 1, 2024, are treated as if they occurred in the 2024 plan year. This gave plan sponsors until December 31, 2025 to clear out any long-standing forfeiture account balances without penalty.

What plan sponsors should do:

• Review your plan document to ensure forfeiture usage provisions are up to date with 2024 regulations.
• Audit your forfeiture account regularly — at a minimum annually — to ensure balances are being used on time.
• Work with your plan administrator or TPA (Third Party Administrator) to document all forfeiture usage clearly.
• Do not let forfeiture balances accumulate. Failure to use forfeitures within the required timeframe is considered an operational failure that can jeopardize your plan’s qualified tax status.

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