Temporary Employees

[Guest lschaab]

If an employer hires an individual working as a temporary, can that employer waive or "credit service" toward the waiting period that employees must satisfy in order to enroll in the Section 125 portion of the Plan?? Rather than requiring that employee to re-satisfy the waiting period? My first answer is no, as the term "employee" is a defined term in the plan document (which references 414) and the service that was credited was not as an "employee" of the company.

HELP?!!

[GBurns]

Aren't we almost all temporary employees subject to termination at "will" or "for cause"?

Does this temporary employee get a W2 or a 1099? If a W2 then the person must be an employee. What is the Plan definition of an employee? What are the eligibility requirements?

[Alf]

I second the concern that "tempory employee" doesn't mean anything out of context because it used differently from employer to employer. The plan can say whatver it wants, so if it provides that full time employees get participation credit for time served as temporary employees, it will work.