Who can qualify to join a single employer plan? Is discrimination permitted?
Membership must consist of individuals who become entitled to participate by reason of their being employees. The employer members who have adopted the Trust do not require any particular attributes, other than being corporations (C or S type), LLCs, partnerships or sole proprietorships, and having at least two employees, i.e., 1 owner-employee and 1 key person or rank and file employee. The Plan may be selective for pre-retirement life benefits. However, the Plans post retirement medical benefit must be offered to all employees on a non-discriminatory basis. The employer does have the option to exclude several categories of employees for post retirement medical benefits. These are: (1) Employees with less than 3 years of service; (2) Employees under age 21 (3) Seasonal, temporary or part time (less than 1000 hours worked per year) employees; (4) Employees covered by collective bargaining; (5) Nonresident aliens.
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