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Question 194: We have employers who hire employees in the Amish religious order. They execute the appropriate forms exempting them from certain government laws and regulations and of course do not participate in the qualified retirement plan. I am unable to locate information in ERISA and the IRC concerning how to handle their lack of participation. How should they be considered? |
Answer: Treat them as you would any other employee. Interestingly, an EGTRRA amendment to IRC 401(c) allows self-employed individuals who have filed Form 4029 to establish a qualified retirement plan, SEP, or SIMPLE, notwithstanding the filing of the form. |
Answers are provided as general guidance on the subjects covered in the question and are not provided as legal advice to the questioner or to readers. Any legal issues should be reviewed by your legal counsel to apply the law to the particular facts of this and similar situations.
The law in this area changes frequently. Answers are believed to be correct as of the posting dates shown. The completeness or accuracy of a particular answer may be affected by changes in the law (statutes, regulations, rulings, court decisions, etc.) that occur after the date on which a particular Q&A is posted.
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