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Simple IRA for W-2 employees and 1099s

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If it is a small business with a husband and wife team, can they be included as well?  From research it looks like they aren't considered W-2.  However, they did previously have a solok, so when they deferred into the plan, wouldn't that have been considered W-2?

Purpose of post - how can a husband and wife team along W-2 employees to be part of a retirement plan that doesn't require testing?  They are not interested in a 401k.



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They could do a SIMPLE - nothing for non-employee contractors, W-2 employees would be offered if they met the eligibility rules being established, and the owners' contributions "from the company" beyond their deferrals would be a function of their net earnings from self employment (since they're owner-employees not getting W-2s).

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