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LearnFAQRetirement Planning

What happens to my 401(k) if my employer goes bankrupt?

Answer

Your 401(k) is generally safe even if your employer collapses. By federal law (ERISA), 401(k) assets are held in a trust legally separate from the company, so they aren't part of the employer's assets and creditors can't touch them. A bankruptcy can't make your retirement savings disappear. The one real exposure is employer stock: if you hold a lot of your own company's shares inside the plan, that stock can become worthless — which is exactly why concentrating in employer stock is risky. Your own contributions are always 100% yours. During a corporate transition the plan may be frozen or transferred to a new administrator, and any unvested match could be forfeited. If your company is in trouble, diversify out of employer stock and keep contribution records. Check your account statements and the Department of Labor's resources if you suspect missing funds.

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