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United Benefit Pensions Inc.
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Compliance Analyst - 401(k) Administration Ubiquity Retirement + Savings
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Senior Defined Contribution Account Manager Nova 401(k) Associates
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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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Junior Implementation Specialist - 401(k) Administration Ubiquity Retirement + Savings
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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 34: A new LLC is considering using a major staffing firm to establish a co-employment relationship with all of its employees. The employees will be covered by the staffing firm's 401(k) plan. I don't know whether the LLC members can be covered under that plan, because they are considered self-employed. Would the LLC need to adopt its own plan to cover the LLC members? |
Answer: The short answer is yes, but you need to understand why. These issues are discussed in more detail in Chapter 4 of my book, Who's the Employer?, if you'd like more information and specific citations. |
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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