http://www.sfgate.com/cgi-bin/article.c ... DTAP21.DTL
$this->bbcode_second_pass_quote('', 'A') law that took effect in March is designed to stem the leakage from smaller 401(k) accounts.
When employees leave a company with less than $5,000 in their 401(k) accounts, the employer can kick them out of the plan, and about 87 percent do, according to Hewitt study. (Employers cannot force out former employees who have balances of $5,000 or more.)
Employees who are forced out can take their distribution in cash or roll it over into another tax-sheltered plan.
Under the old law, if terminated employees didn't specify, the employer could send them a cash distribution.
Under the new law, if the balance is between $1,000 and $5,000 and the departed employees don't say how they want their money, the employer must either maintain the account or roll it into an IRA. The employer selects the IRA, but to protect against lawsuits, most employers choose a safer investment like a money market fund or certificate of deposit.
If the balance is less than $1,000, the employer can continue to send the distribution in cash.
Lucas is not sure how effective the new law will be, based on her survey's findings.