Should employer check W2 box 13, Ret Plan - if NO contributions are made by employer or me to 401k and there is NO other plans from employer???

There are difference retirement plan types (according to the IRS and others) – Defined Benefit plans and Defined Contribution plans.

Only the defined benefit type equates eligible with covered.  My employeer does not have any Defined Benefit plans.

A 401k is not a Defined Benefit plan, a 401k is a Defined Contribution plan.  You are only an active participant in a Defined Contribution plan if there are contributions to your account (by yourself or your employer).

Is my employer checking the box 13 (ret plan) without really looking if I’m an active participant.  Is this legal???
    If your company offers a retirement plan, they are required to mark Box 13, retirement .  It is your choice whether or not to enter your company's retirement plan.
    • "If your company offers a retirement plan, they are required to mark Box 13, retirement."

      This is the typical uninformed plat answer!  There are many conditions where an employer has a retirement plan but an employee is not covered and/or not an "active participant".

      1) Employee is not ALLOWED to contribut for first 3 months, or the first year of employement.  They are not covered, the box should not be checked.

      2) Employer does not have any retirement plan other than a Defined Contribution plan (a 401k) AND the employer does NOT make any contributions (initial or matching) to the 401k.  The employee is only an "active participant" if the employee makes a contribution (even 1$).  Only active participant's get the box checked.
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