Excluding LPR's/Visa Holders From 401(k) Plan Eligibility

[abccstucker]

Good afternoon, All - We have a client looking to:

1. Exclude from 401(k) plan eligibility lawful permanent residents (LPR's) of the U.S. who are on both U.S. AND home country payroll, and

2. Exclude from 401(k) plan eligibility certain visa holders -- just as a general rule on its own in the plan document or in combination with being on both U.S. and home country payroll.

Knowing that it's a Safe Harbor Plan that passes minimum coverage testing, can one or both of the above be done without being deemed discriminatory?

Help and guidance is GREATLY appreciated. Thank you.

Brian

[GBurns]

I doubt that it would not be deemed discriminatory etc. Since it includes possible discrimination based on national origin, I suggest legal counsel..