What special rules apply when doing top heavy testing on a union plan?

The top heavy rules allow an employer to elect to perform top heavy testing by combining multiple plans if certain conditions are met.  If an employer has both a union plan and a non-union plan, under certain circumstances, the plans may be permissively aggregated for top-heavy testing if the union and non-union plans provide comparable benefits.

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What are the requirements to be considered a union retirement plan?

Union retirement plans are eligible for special coverage and non-discrimination testing rules. However, being a union retirement plan

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is not a state of mind. It is not sufficient for an employer to sit down with a leader from the employees and come to an agreement about the employee’s retirement benefits. There are specific requirements for a plan to be considered collectively bargained and a union plan:

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