Any organization can establish a SIMPLE IRA Plus plan, including tax-exempt organizations and government entities, as long as the employer meets the following requirements:
- Has had 100 or fewer employees who earned $5,000 or more during the preceding year
- Considers all employees employed at any time during the calendar year who earned $5,000 or more during the preceding year. This rule includes:
- Employees not eligible to participate
- Self-employed individuals
- Members of a controlled group
- Leased employees
- Union employees
- Continues to meet the 100-employee limit each year the employer maintains the plan
- Maintains a SIMPLE IRA Plus plan only. The employer cannot have any other qualified plans, with the exception of a plan for collective bargaining employees.
Some states have minimum requirements for government-sponsored plans. Government entities must confirm that SIMPLE IRA Plus plans are acceptable plans under their applicable state statutes.