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Guest LynnD
Posted

Do employers have to offer the same benefits to all employees. If it is different from state to state, our company is located in NY with a branch in OH.

IE: Vacation time accurued at the same rate for all employees; medical benefits offered to all employees after the same lengths of service.

Thanks for any help you can give!

Posted

Not at all. However, benefits described in Sections "sections 79, 106, 117(d), 120, 125, 127, 129, 132, 137, 274(j), 505, or 4980B" must be aggregated for purposes of nondiscrimination testing. Such tests are not difficult to pass, so long as the best benefits are not provided to the HCEs, HCIs and Key employees only.

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