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Guest mmcgee
Posted

Are the within 30 days and more than 30 days examples in the IRS regulations the only scenarios available in how to treat rehires or can an employer come up with their own set of rules as long as they apply to everyone? We have an employer who wants to require all rehires to resatisfy the plan eligibilty requirements unless they are terminated and subsequently reinstated through a grievance process, at which their benefits will be reinstated at the date of termination.

Thanks! :wacko:

Guest mmcgee
Posted

So, if an employer wants to add language to the document regarding reinstatements through greviance procedures, is this allowed as long as other rehires are subject to the within 30 and over 30 days?

Posted

I can think of nothing in the regs which would preclude this. Maybe you're thinking of something I'm not, but it sounds good to me.

Guest mmcgee
Posted

Nothing in the regs come to mind. The plan I am working on wants all of their rehires to resatisfy eligibility, no matter how long they were terminated. The only thing I can find refers to the 30 day safe harbor rule.

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