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Boomerang Employees and 401(k) Considerations

By Jerry Kalish on March 28, 2016
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Boomerang1

We used to call them “rehires” back in the day: those employees who quit and were hired back. And it didn’t happen all that often. Many companies had policies not to.

They’re now called “boomerang employees, and now it’s different. Different times, different economy. Employees who left the nest decide they want to come back, and employers desperate for qualified, talented workers are happy to have them back.

How desperate? A recent survey by staffing firm Accountemps indicated that nearly all (98%) of human resources (HR) managers would welcome back a returning employee who left on good terms.

401(k) Considerations

Employers who do rehire former employees should keep the following four considerations in mind when it comes their 401(k) plans.

First, make sure that your plan and your Summary Plan Description clearly spell out how returning workers are treated. It’s ERISA, and everyone has to be treated the same.

Second, review how their vesting and forfeitures were handled when they left. Those same ERISA rules govern how non-vested benefits should be treated when an employee returns.

Third, use the appropriate eligibility rules to bring these employees back into your 401(k) plan. Those ERISA rules referenced above may – or may not – allow them to come in immediately.

Finally, keep the recent changes to the Pension Protection Act (“PPA”) in mind. The law made changes to vesting schedules that may affect these employees and how prior service should be credited.

Takeaway

Boomerang employees can be a valuable resource for employers. But employers should plan for the benefit matters in advance.

Image: National Museum of Australia, Aboriginal and Torres Strait Islander Affairs Art Collection

 

 

Jerry Kalish

Jerry Kalish is President of National Benefit Services, Inc., retirement plan consultants and administrators, which he founded in 1978 when 401(k) was enacted into law.

He is a member of the Great Lakes Area TE/GE Council, a 501(c)(3) organization whose members are benefit…

Jerry Kalish is President of National Benefit Services, Inc., retirement plan consultants and administrators, which he founded in 1978 when 401(k) was enacted into law.

He is a member of the Great Lakes Area TE/GE Council, a 501(c)(3) organization whose members are benefit practitioners who meet regularly with the Internal Revenue Service and the Department of Labor on ERISA matters.

Jerry provides continuing education programs for attorneys, CPAs, and the financial services industry and has co-taught the course on non-ERISA retirement plans, 403(b) plans, and 457 plans at John Marshall School of Law LLM Program in Employee Benefits.

He is on the International Advisory Board of The Center on Business and Poverty, a non-profit organization that supports businesses and non-profits that embody the practice of participatory capitalism.

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  • Posted in:
    Employment & Labor
  • Blog:
    The Retirement Plan Blog
  • Organization:
    National Benefit Services, Inc.
  • Article: View Original Source

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