CaliBen Posted July 17, 2019 Share Posted July 17, 2019 Organization has no employees, only 1099 contractors. The contractors can purchase vision, dental and disability insurance through the organization. Is the organization required to file a 5500? Link to comment Share on other sites More sharing options...
jpod Posted July 17, 2019 Share Posted July 17, 2019 A plan that does not cover employees is not a plan subject to ERISA, but of course that is putting the rabbit in the hat and there is no need here for a dissertation on the potential adverse consequences of worker misclassification. Lou S., RatherBeGolfing and rr_sphr 3 Link to comment Share on other sites More sharing options...
CaliBen Posted July 18, 2019 Author Share Posted July 18, 2019 Thank you. Yes, worker compensation is a separate issue that is being addressed. Link to comment Share on other sites More sharing options...
jpod Posted July 18, 2019 Share Posted July 18, 2019 Not "compensation." Worker "classification." Link to comment Share on other sites More sharing options...
CaliBen Posted July 18, 2019 Author Share Posted July 18, 2019 Yes. Sorry I had workers’ comp on my mind while typing reply. Link to comment Share on other sites More sharing options...
Luke Bailey Posted July 18, 2019 Share Posted July 18, 2019 Is "the organization" an insurance company? If not, is this not a MEWA? Luke Bailey Senior Counsel Clark Hill PLC 214-651-4572 (O) | LBailey@clarkhill.com 2600 Dallas Parkway Suite 600 Frisco, TX 75034 Link to comment Share on other sites More sharing options...
CaliBen Posted July 19, 2019 Author Share Posted July 19, 2019 Not an insurance company. But the 1099ers happen to be independent insurance agents. Link to comment Share on other sites More sharing options...
Luke Bailey Posted July 19, 2019 Share Posted July 19, 2019 CaliBen, per your original post, they purchase the "insurance" through the "organization." But the vision, dental, and disability insurance that the purchase is actually provide by state-regulated insurance companies? Luke Bailey Senior Counsel Clark Hill PLC 214-651-4572 (O) | LBailey@clarkhill.com 2600 Dallas Parkway Suite 600 Frisco, TX 75034 Link to comment Share on other sites More sharing options...
CaliBen Posted July 22, 2019 Author Share Posted July 22, 2019 On 7/19/2019 at 7:24 PM, Luke Bailey said: CaliBen, per your original post, they purchase the "insurance" through the "organization." But the vision, dental, and disability insurance that the purchase is actually provide by state-regulated insurance companies? Correct. They are permitted to purchase these voluntary group benefits on the same terms as the organization offers to their w-2 employees. The insurance is provided by state-regulated insurance companies. Link to comment Share on other sites More sharing options...
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