Eligibility

[Guest Sara H]

An employer changed their plan's eligibility from 1 year to 6 months. She is now faced with having to allow part time employees who are not eligible for any other benefits enter the plan. Is there a way around this? Can she change her eligibility back to 1 year for all employees hired after 1/1/02 without violating any protected rights?

[Guest pineapple]

Yes. Since the employee has not yet met the plan's eligibility requirements, the employee does not have any protected rights/benefits under the plan.

[MWeddell]

It is also lawful to state that eligibility is 1 year of service (with 1,000 hours) for employees classified as part time employees and 6 months of service (elapsed time w/o regard to # of hours) for everyone else.