Medusa Posted February 24, 2009 Posted February 24, 2009 The question is coming up about whether a "landscape architect" is a professional employer for purposes of exemption from PBGC coverage. Any thoughts? What, if anything, can we ask them to help clarify? We have been told that none of their employees "uses a shovel".... Med
Mike Preston Posted February 25, 2009 Posted February 25, 2009 Call the PBGC. They are pretty responsive on issues like this.
Medusa Posted February 25, 2009 Author Posted February 25, 2009 Thank you Mike - the client has written in to the PBGC for a coverage determination. Our office assumed it would be a covered plan and has had the client pay premiums for some years. I hope it doesn't turn out to be "our bad".
Effen Posted February 25, 2009 Posted February 25, 2009 I agree that you should get a PBGC ruling - it is the only way to know for sure. I think it is fairly clear that architects are considered professional service employers. The question is does the term "landscape" change the meaning. It will ultimately come down to fact/circumstances. Is this particular "landscape architect" just a glorified pool boy, or are they really a certified architect with a specialty in landscaping. Engineers – yes, sanitation engineers – probably not. This prior ruling may or may not fit your situation. http://www.pbgc.gov/oplet/97-2.pdf The material provided and the opinions expressed in this post are for general informational purposes only and should not be used or relied upon as the basis for any action or inaction. You should obtain appropriate tax, legal, or other professional advice.
Andy the Actuary Posted February 25, 2009 Posted February 25, 2009 If the PBGC rules the Plan is not covered, provide the PBGC with a copy of their ruling as well as copies of past PBGC filings and canceled premium payment checks and request a refund. Then, "your bad" may become "your good." The material provided and the opinions expressed in this post are for general informational purposes only and should not be used or relied upon as the basis for any action or inaction. You should obtain appropriate tax, legal, or other professional advice.
JAY21 Posted February 25, 2009 Posted February 25, 2009 My wife is a "domestic engineer" and as such claims her "business" should not be PBGC covered.
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now