Can a city make it mandatory for employees to contribute to a retirement plan?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a city make it mandatory for employees to contribute to a retirement plan?

Asked on November 10, 2010 under Employment Labor Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, a city, or indeed, any employer, may make contributions to a retirement plan mandatory. That's because employers have tremendous discretion in determining the terms and conditions of employment, as well as how employees are compensated. Therefore, looking at either way, the employer could make it a term or condition of employment that employees contribute to a retirement plan; or they could make compensation be a certain amount less the required contribution to a retirement plan. The employer cannot discriminate in how it treats people on the basis of protected categories, such as race, religion, sex, age over 40, or disability, etc.; also, if there are any contrats, whether personal or union governing the employee's employment, the employer must obey or honor it. Other than that, however, they can require it.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption