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Asked 2/11/2010

Can my husband's 401k company rollover a maxed out 457 plan into a 401k plan for 2009?

My husband received a settlement from his previous employer, he asked them to roll his setlement into his 457 account until maxed out and put the remainder into his 401k account. When we received the 2009 W2 the employer put all the money into his 457 account which maxed it out by $4875.00. Shouldn't the company fix their mistake and roll the excess into the 401k that we asked them to do in the first place. We have all the paper work stating this and it was it the lawyers final settlement also. Can a new W2 be issued?

 
 
 
 
 
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