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Who’s the Employer/ee? 02: Shared / Leased Employees

FIS Relius Education

July 6, 2015
Recorded Online

[Recorded online and available for purchase.]

Leased employees and worksite employees (who may not meet the legal requirements to be leased employees), are an ongoing problem for retirement plan practitioners. You can never assume that the parties are accurately describing the relationship, at least in terms of a qualified plan.

Shared employee situations frequently crop up for professional practices. But there are several variations which can apply. Knowing what questions to ask can be vital in developing a strategy for an employer.

For staffing firms and for shared employee situations, multiple employer plans are frequently a good solution. This presentation will address all three topics, leased employees, shared employees, and multiple employer plans, so you can determine the relationships involved and understand the consequences.

Topics include:

  • Leased employees
    • Not common law employees
    • Parties to arrangement
    • Primary direction and control
    • Consequences of leased employee status
    • Nonexistent safe harbor plans
    • Special rules for PEOs
  • Shared employees
    • Understanding a sharing arrangement
    • Allocating hours and compensation
    • Design strategies
  • Multiple employer plans
    • IRS issues
      • Counting services
      • Coverage and nondiscrimination
      • Deduction limits
      • Correcting errors
      • Top heavy status
    • DOL issues
      • Single plan or multiple plans
      • 5500 filing
      • Fiduciary issues

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