SIMPLE IRA

My question is regarding the Eligibility Period for a SIMPLE IRA. Can it be waived for a new employee? I have a client who says that it was waived numerous times in a previous SIMPLE IRA plan that he just left. He is the Executive Director of the Non-profit and I feel that someone allowed it to placate certain Executives.

Thank you for you help.

Denise



  • It is a serious SIMPLE IRA plan error to not uniformly apply participation eligibilty rules.
  • A plan can reduce/eleminate the $5,000 compensation requirement and/or reduce the 2 year requirement to a 1 year or even no time of service requirement.
  • However, whatever participation eligibilty requirements there are they MUST apply 100% to ALL employees equally.


Thank you, I will deliver the message to the new Executive.



(for a plan with 1 or 2 years eligibility, with semi annually adjustments)  It is my understanding that under the SIMPLE IRA they act as a calendar year plan.  If eligible, you can choose to participate Jan 1.  If you are participating you can adjust your deferral July 1 on the semi annual date.  If you choose not to participate on Jan 1, you cannot choose to just start on the July 1 date?  Correct?



  • From IRS Form SIMPLE-5305, Article II Salary Reduction Agreements, 2b. “In addition to the election periods in 2a, eligible employees may make salary reduction elections or modify prior elections.”
  • Each additional election period is just that. A participant can make an initial salary reduction agreement during their yearly election period or any additional election period.
  • Note: A participant can terminate an election at any time, but may not restart until the next election period.


Please confirm that changes to SIMPLE IRA Plan  Enrollment Eligibility can only be made for a  Janaury 1st effective date. Of course,  this change has to be communicated to the employees by November 2nd of the previous year.



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