Brian Anderson

Thanks again Luke. I greatly appreciate your help. I'll go over this with them and see where it goes.

Thanks Luke for you help with this. I really appreciate it. Yeah it's definitely not an easy determination. I'm thinking more toward the interpretation of the leased EE approach treating the employer that pays the compensation as a "leasing organization" and the shared employee as a leased employee with respect to the other employer. Again very hard to determine and based on all the facts and circumstances so I'll have to caveat this with our client. I feel more inclined to recognize the service to be conservative in my approach for vesting and eligibility although I guess again it's arguable. What other facts are you thinking would be helpful to make a more informed decision? Again thank you very much for you time and help.

I was wondering if someone could help me with a question. I have two doctors whose businesses do not constitute either a controlled group or affiliated service group. They have a shared employee relationship where one doctor pays the shared employees through his payroll and the other doctor reimburses for his attributable portion of the pay. I know the proposed regs years ago were never finalized but are a good guideline. My question here is prior service crediting. One doctor's business started in 2018 and the other back in the 90s. I have one employee hired back in the 90s. Both doctor's have a 401k plan and the 2018 company started his plan effective 01/01/2020. Would I credit the service from the older company back to the 90s for this employee? Or is it permissible to credit all hours of service going forward from inception of the shared employee relationship? Thanks so much in advance for any help anyone can provide.