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Who's the Employer?
Answers are provided by S. Derrin Watson, JD, APMRev. Proc. 2002-21 and the Separate CO Plan
| Question 171: Does Rev. Proc. 2002-21 have any impact on a division of a company if the company has determined that the employees of the division are common law employees of the company and participate in the company's qualified plan, even though the employees are leased from a PEO? | |
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Answer: No. These folks are doing just what they should be doing and can go ahead without change. Rev. Proc. 2002-21 affects single employer plans adopted by PEOs. Accordingly, it has ramifications for a sponsoring PEO, for the participants in the PEO's plan, and for the COs for whom those participants perform services.
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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.
Copyright 1999-2017 S. Derrin Watson
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