Sr. Retirement Plan Administrator Tycor Benefit Administrators, Inc.
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Sentinel Benefits & Financial Group
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Hessel & Associates, LLC
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Junior Implementation Specialist - 401(k) Administration Ubiquity Retirement + Savings
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Defined Benefit Pension Consultant The Ryding Company
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Retirement, LLC
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Retirement, LLC
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Senior Retirement Plan Administrator Enhanced Retirement Solutions
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NFL Player Benefit Office
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Compliance Analyst - 401(k) Administration Ubiquity Retirement + Savings
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Senior Administrator / Site Manager Nicholas Pension Consultants
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Defined Benefit Plan Consultant Sentinel Benefits & Financial Group
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Senior Actuarial Analyst/ Project Manager Van Iwaarden Associates
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United Benefit Pensions Inc.
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Sentinel Benefits & Financial Group
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Nicholas Pension Consultants
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Manager - Defined Contribution Plans M2B Retirement Consulting LLC
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Question 137: I know you take the position that professional employer organizations are generally not the employer of the workers on their payroll which they lease to others. However, in my state there is a law which says that the workers are employees of the PEO. So, can we go ahead and set up a single employer plan for the PEO on that basis? |
Answer: No. State laws can do a great deal, but they cannot determine as a conclusion what the status of a worker is under federal tax law. |
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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