Creative Unionizing-410b Exclusions

[JAY21]

Some clients and referral sources are getting a pitch from a company that takes other company's employees in conjunction with them joining a union, which supposedly has collectively bargained for flex benefits where the now "union employees" can choose which benefits they want "purchased" for them under an ala carte menu of benefits (say $500 per month). Since they're union and collectively bargained the client can now exclude them from their pension plans using the union employee (w/collective bargained benefits) exception to 410(b). It will shock you to know that most of this is being offered to doctor groups.

Anyone seen this ? I have a hard time seeing the "good faith" collective bargaining here. It doesn't appear the union employees hired their own attorneys for the "collective bargaining". Also the employees were not approached by the union to join the ranks, but rather the employer basically tells the employee you "will" join this union as we're only hiring from this "union" now.

Brilliant idea ? or one step ahead of the IRS to be closed down next year ?

[Effen]

Is this it?

benefitslink

[JAY21]

Thanks Effen, sounds like the topic has been vetted pretty good. Thanks for the link.

[david rigby]

Since they're union and collectively bargained the client can now exclude them from their pension plans using the union employee (w/collective bargained benefits) exception to 410(b).

As Effen was pointing out, and you may have noticed, just being in a collective bargaining unit is not enough for the 410(b) exclusion. In addition, bargaining for some benefits is not the same as bargaining for all benefits.