Excluding Part-Time Employees Under the 403(b) Universal Availability Rules

The article, “Excluding Part-Time Employees Under the 403(b) Universal Availability Rules,” authored by Retirement legal consultant, Dan Schwallie, was published in the Spring 2013 issue of the Journal of Pension Planning & Compliance. The article discusses the application of the “fewer than 20 hours per week” rule to exclude part-time employees under Code section 403(b) “universal availability,” for both plans subject to ERISA and not subject to ERISA. Application of this 20 hour rule has become a source of confusion for employers, third-party administrators, and other plan advisors, and has resulted in noncompliance.