Carpenter Morse Group
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Central Pension Fund of the IUOE
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Prime Pensions, Inc.
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Retirement Plan Legal Specialist Pentegra
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Nova 401(k) Associates
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Jr Retirement Plan Administrator/ Administrative Assistant Hochheiser Deutsch & Co, Inc.
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Defined Benefit Calculation Specialist/Actuary The Angell Pension Group, Inc.
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Trucker Huss, A Professional Corporation
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United 401(k) Plans, Inc.
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Nicholas Pension Consultants
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Bates & Company
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Retirement Plan Relationship Manager ERISA Services, Inc.
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Central Pension Fund of the IUOE
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Compass Retirement Consulting Group, Inc.
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Retirement, LLC
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Question 89: I run a company, and I've had all the workers sign independent contractor agreements in which we agree (i) they're not my employees, (ii) I won't do withholding, and (iii) I won't provide them with any benefits. Now I want to set up a retirement plan for me, and my administrator says I may have to include them anyway. Why should I? Isn't that the whole purpose of having an independent contractor agreement? |
Answer: Abraham Lincoln once asked how many legs a dog would have if you called the tail a leg. He answered, "Four. Calling a tail a leg doesn't make it one." By the same token, calling an employee an independent contractor doesn't make him one. |
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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