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Typically, a plan includes a mix of rank-and-file employees and owners/managers. However, some employees may be excluded from a plan if they:

  • Have not attained a specified age;
  • Have not completed hours of service;
  • Belong to an excluded class of employees; or
  • Are covered by a collective bargaining agreement that does not provide for participation in the plan, if retirement benefits were the subject of good faith bargaining.

Employees cannot be excluded from a plan merely because they are older workers.

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