fiona1 Posted August 5, 2009 Posted August 5, 2009 Is it possible for union employees to bargain for some of their retirement benefits, but not all? An employer is telling me that they have union employees and they bargain for a DB plan. This plan is only for the union employees. But the employer also sponsors a 401(k) plan. Everyone is eligible for this plan (both union and non-union). But the employer is indicating that the union employees do NOT bargain for the 401(k) - but they can participate in it if they want to. So if that's the case, then there would be no union employees when it comes to nondiscrimination and coverage testing on the 401(k)? That means no bargaining exclusions for coverage and everyone is included in ADP/ACP? Does that seem legitimate?
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