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401(k) Retirement Plan Administrator Midwest TPA with Remote Workforce
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Loren D. Stark Company
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CMC Pension Professionals
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MGKS
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Director of Pension Administration Primark Benefits
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Site Manager / Senior Administrator Nicholas Pension Consultants
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Hicks Pension Services
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Retirement, LLC
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EPIC RPS
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Primark Benefits
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Manager - Defined Contribution Plans M2B Retirement Consulting LLC
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Loren D. Stark Company
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Senior Defined Contribution Account Manager Nova 401(k) Associates
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Aimpoint Pension
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Question 191: How does Rev. Proc. 2002-21 affect a worker's status as a leased employee? | |
Answer: Technically, it has no affect at all, assuming the status has been determined correctly. However, it serves as a serious warning that the status might not have been determined correctly.
Rev. Proc. 2002-21 warns that this might not be the case, that the workers may be common law employees of the CO (status 1). In that case, all the normal incidents of employee status would be present, whether or not the worker has been credited with 1,500 hours in a year. In any event, as a result of Rev. Proc. 2002-21, it is likely that almost all PEO-sponsored plans either will be terminated or will be converted to multiple employer plans by 2004. Obviously this can have a profound effect on the workers involved, regardless of their status. |
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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