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Raises interesting questions in my mind. First, since there are no HCEs, the employer can give each employee whatever they want as an allocation and never have a problem, so the correct question to ask the client is "what do you want to allocate to each nurse and on what basis". Once you know that, you should be able to put it into language that works. Now, more specifically, the client shouldn't care about eligibility with regard to whether the on-call hours apply or not, because (again) the end result is always "what is your desired result for allocations" since you can clearly make that happen. The interesting question I have is the allowance for payment for on-call at a rate of $2-$4. That clearly will violate every minimum wage law in the country for paying people for work. So, this is paying people NOT for work but to be available to come in when called. Would those "hours" count in the 1000 requirement? Would they count as hours NOT worked so only count to the extent of avoiding a break in service? Not sure. If they do "count", how is the violation of minimum wage reconciled? Just an interesting issue; I can't research it now but would love to hear what others would think.

Why would the plan be insured under the TPAs E&O? Its there to protect the TPA against claims, not the plan...

As many here will point out, you need to get hold of a copy of Derrin Watson's "Who's the Employer." I think current ed'n is 6th. Just Google that.

Also, there are companies that offer 1 or 2 day ERISA basic classes that would cover controlled groups.