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Updated on June 9, 2023
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Preparing for a financially stable retirement is essential. The 401(k), a pre-tax employer-sponsored retirement plan, is a critical player in the retirement process for many Americans, as it allows employees to contribute a portion of their earnings to a tax-deferred retirement savings vehicle, sometimes with the bonus of matching employer contributions.
The 401(k) retirement plan is regulated by the Internal Revenue Service (IRS), establishing eligibility rules for employers and employees. As a business owner, understanding these eligibility rules is crucial as they impact your plan costs and administrative requirements.
In this article, we’ll discuss the requirements for employees to participate in a 401(k) plan and hopefully provide a few tips to help you maximize your account balance.
Eligibility rules outline the specific criteria regarding when an employee can join a company’s 401(k) plan. Some employers may allow employees to become participants immediately upon hiring. In contrast, others may require a specific length of employment or other criteria to be met, such as a specific number of years of service, time since your entry date, or your full-time vs. part-time employee status.
This flexibility in defining eligibility means that there are situations where a company might exclude certain employees (like part-time employees) from participating in the 401(k) plan, often to manage plan costs.
Offering retirement plans can help attract top talent and retain quality workers, so companies have to balance service requirements with accessibility to ensure that eligible employees do, in fact, benefit from the plan.
Balancing 401(k) eligibility rules is key, as overly strict or liberal rules can lead to expensive plans or intensive plan administration. For example, a small business that allows every employee to participate, regardless of their hours worked in a given plan year, might see their costs skyrocket with increased enrollment. On the other hand, overly strict rules can deter outstanding new hires.
Employers must consider their goals, business objectives, and employee demographics when navigating eligibility rules. They should also consider the desired plan features, like whether to offer Roth accounts, matching contributions, profit sharing, and more, as well as the potential impact of nondiscrimination rules and whether a safe harbor 401(k) plan may be worthwhile.
Employers do not arbitrarily set certain eligibility rules; they must comply with the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code (IRC). For instance, a qualified retirement plan might exclude employees under 21 or those who have been employed for less than one year.
Sometimes, a plan may also exclude certain union employees or non-resident employees. The plan documents determine these exclusions, stated clearly in any plan’s eligibility requirements sheets. Plan sponsors must also adhere to federal laws surrounding 401(k) plans.
Let’s dive deeper into the various eligibility requirements for 401(k) plans. Remember, these are just examples; an actual plan’s eligibility requirements may vary based on your specific plan design.
Most plans set a minimum age requirement for participant enrollment — typically age 21. This restriction, however, can vary depending on the company’s 401(k) plan policy and plan design. Some may outline different eligibility minimums, like 18 years of age, or no restriction. We’ll go into more detail about those conditions in the “Minimum Age” section below.
Certain groups, like union workers, can be excluded from the plan. However, this exclusion is typically based on the collective bargaining agreement in place. Employers may also exclude plan contributions from certain employee groups like independent contractors or all workers in a certain geographic area.
Some plans may stipulate specific entry dates for new participants. This could be monthly, quarterly, or annually. In most cases, employees cannot begin plan contributions on any random day, and often there are enrollment periods during which new hires can sign up for the plan.
Some plans require employees to have worked a certain number of hours of service in a 12-month period to be eligible. This requirement often affects part-time or seasonal employees. There are many ways to measure this, but employers may count hours or measure elapsed time since the date of hire.
In some cases, plans require employees to fulfill a certain service period before they can participate. For example, an employee might need to complete one year of service, defined as a 12-month period during which they have completed at least 1,000 hours of service.
This means that part-time employees or those who haven’t completed a full year may need to wait until they meet these criteria. Employees may then need to meet additional service requirements, once enrolled, to meet the vesting schedule requirements.
Dual eligibility requires an employee to meet both age and service requirements. For instance, a plan might stipulate that an employee must be 21 years old and have completed one year of service before becoming eligible. This requirement can help companies manage their 401(k) plans and keep them cost-effective across large numbers of employees.
Depending on the employer’s plan, seasonal employees may be eligible to participate in a 401(k). However, many plans set specific hours of service requirements that seasonal employees may not meet.
Employers must carefully design their plans to comply with IRS nondiscrimination rules that seek to prevent favoritism towards highly compensated employees by balancing contribution limits to eliminate top-heavy outcomes.
Union employees are often subject to different eligibility rules, largely dictated by their collective bargaining agreements. Some agreements might allow union employees to participate in the employer’s 401(k) plan, while others might provide separate retirement benefits.
Full-time employees are frequently immediately eligible for 401(k) plan participation. However, a waiting period might apply, especially for businesses looking to manage their retirement plan costs.
The most common minimum age for 401(k) plan participation is 21. This requirement is set by the IRS, but the SECURE Act has made provisions for long-term, part-time employees to participate in 401(k) plans.
Part-time employees under 21 can theoretically participate, so long as they work 500 hours each year for three consecutive years, and they’ve attained age 21 by the end of the same three-year period.
Understanding 401(k) eligibility is key to effectively managing your retirement plan. From age and service requirements to the inclusion or exclusion of certain employee groups, these rules significantly determine who can participate in your plan.
However, ensuring that eligibility rules don’t deter potential talent or cause a plan to become prohibitively expensive is equally important.
If you’re looking to roll over your previous 401(k) accounts, partner with Capitalize.
We manage the entire rollover process from start to finish, including finding your old plans and helping you select an IRA account.
Learn more about how we can help you take control of your finances today.
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