Assume an employer has a SEP with a requirement that an employee must work for the company in at least 3 of the last 5 years (the maximum requirement) to receive an allocation under the plan. To be eligible for the 2013 year, for example, an employee must have worked for the employer for some time (no matter how little) in any 3 years in the 5-year period 2008 – 2012. Therefore, an employee that worked for the employer in 2008, 2009 and 2012 must share in the SEP contribution made for 2013.
What happens if an employee elects not to participate?
The employer may establish a SEP-IRA on behalf of an employee who is entitled to a contribution under the SEP if the employee is unable or unwilling to establish a SEP-IRA.