5 crisis questions answered

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Is my 401(k) safe if my company goes bust?
Is my 401(k) safe if my company goes bust?
Donna Rosato, "Money Helps" columnist
Question: My company is laying off a bunch of people, and I'm worried it may close down soon. If it does, will I lose my 401(k)? --Christian Carrasco, location withheld

Answer: Even if your company shuts down, the money in your 401(k) is protected. Under federal law, your employer must keep retirement plan assets in a trust separate from corporate assets. That means if your company files for bankruptcy, creditors can't get at your retirement savings.

So keep making 401(k) contributions. The only risk you face is that you could lose a tiny portion if your employer files for bankruptcy before depositing your latest contributions. But that would likely come to no more than one paycheck's worth because employers are supposed to deposit 401(k) contributions promptly. If you're worried, check your statement.

If your company does close down, you'll be able to roll your 401(k) into an IRA or your new employer's retirement plan. Just don't withdraw the money if you are under age 59 1/2 or you'll owe income taxes and a 10% early-withdrawal penalty on the balance.

There is one upside to your company closing; all employees immediately become vested no matter how long they've been with the company. If you have any questions about your retirement plan, talk to an adviser at the Employee Benefits Security Administration (866-444-3272).

NEXT: How do I take a tax loss for worthless stock?

Last updated November 13 2008: 5:30 PM ET
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