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Exclusion of part-time employees


Guest MikeD
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Guest MikeD

Does anyone know of any reason that a governmental plan could not exclude part-time employees from the Plan? Obviously, this is unacceptable in a private-sector plan due to Section 410; however, because governamental employers are exempted from 410 and it appears that the pre-ERISA 401(a)(3) does not apply, would this be acceptable?

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  • 2 weeks later...

If the employer has waived Social Security participation, then the part-timers will need a benefit which complys with the SSA waiver rules. For example, California PERS has a 4% cash balance plan for part-timers of electing employers.

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