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A safe harbor profit sharing plan excludes part-time employees using the following language: "Part-time Employees not scheduled to work 1000 hours in a 12 month period, except that if such a Part-time Employee does work 1000 hours in a 12 month period, then such Employee shall become an Eligible Employee." If an eligible employee (worked 1000 hours) terminates in 2013, then in 2014 is re-hired as a part-time employee and does not work 1000 hours - is that employee still eligible for the safe habor 3%? If the plan document didn't define "part-time" emplyees this way and just used a job class like "office staff", would that make a difference? For instance if the plan excluded only "office staff", and if the eligible employee was not an "office staff" before termination but then hired as "office staff", could we exclude them?
