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401k eligibility protected if going from full time to intern


Guest JFTN

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Plan has no eligiblity requirement for deferrals. Entry is date of hire. Plan excludes interns from participation. If regular full time employee becomes intern, are they still eligible to defer?

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I'm glad you picked up on that; interns are actually the class of employees they are using when an employee moves from full time to part time. They of course cannot exclude part time, so they are reclassifying them as interns. They then sometimes become regular FTE's again. I've advised them they should stop doing this as it does smell.

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