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Compliance Analyst - 401(k) Administration Ubiquity Retirement + Savings
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EPIC RPS
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NFL Player Benefit Office
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CMC Pension Professionals
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Manager - Defined Contribution Plans M2B Retirement Consulting LLC
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Retirement, LLC
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Loren D. Stark Company
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Director of Pension Administration Primark Benefits
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Hicks Pension Services
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MGKS
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Jocelyn Pension Consulting
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Site Manager / Senior Administrator Nicholas Pension Consultants
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Loren D. Stark Company
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Hessel & Associates, LLC
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401(k) Retirement Plan Administrator Midwest TPA with Remote Workforce
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Aimpoint Pension
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Question 136: This is a followup to Q&A 135. Because we must count an employee's prior service with a temp agency (even if the person never becomes a leased employee), do we need to apply the usual break in service rules? For example, if Sally works for 3 months through a temp agency for Employer A, then works for 3 months for Employer B, and then later gets hired full-time for Employer A, do we need to count the first 3 months that she worked through the temp agency if there was no break in service? As a 401(k) plan TPA, this is a big issue for us because it affects the annual employee information we request from employers. If a person goes directly from a temp agency job to a full-time job, that can be fairly easy to track. But if the employer also needs to figure out if a break in service has occurred for some people, that could create some major headaches. |
Answer: Bring out the aspirin. |
Answers are provided as general guidance on the subjects covered in the question and are not provided as legal advice to the questioner or to readers. Any legal issues should be reviewed by your legal counsel to apply the law to the particular facts of this and similar situations.
The law in this area changes frequently. Answers are believed to be correct as of the posting dates shown. The completeness or accuracy of a particular answer may be affected by changes in the law (statutes, regulations, rulings, court decisions, etc.) that occur after the date on which a particular Q&A is posted.
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