USA Simple Plan

[Mike H]

Can union employees who are under a collective bargaining agreement be participants in a SIMPLE plan

 

[Drmdcpa]

Yes but they can also be excluded at the employer's option.

This is assuming the employer can maintain a SIMPLE plan

 

[Mike H]

Yes but they can also be excluded at the employer's option.

This is assuming the employer can maintain a SIMPLE plan

Employer does qualify for the Simple. In over 40 years I have NEVER had a company with a union contract that wanted to include union members in their retirement plan. The code and regs are not real clear on this matter.

 

[Drmdcpa]

The code is clear as I read it. Those covered by a collective bargaining agreement can participate in a SIMPLE. But they are also one of the classes that can be discriminated against. Thus it is up to the employer as to whether they choose to discriminate or not.