Jim Chad Posted January 30, 2018 Posted January 30, 2018 A plan has last day requirement for Discretionary nonelective. If an employee becomes an agency temp midyear, is he employed on the last day? I believe the answer is no. But I am not certain. Am I missing anything? What has me doubting myself is the fact that we count hours as a temp when the person becomes a full time employee.
Luke Bailey Posted January 30, 2018 Posted January 30, 2018 Assuming he really is a common law employee of the temp agency (big assumption) and also not a leased employee (less of one, but a significant assumption nonetheless), and that your plan has standard language regarding coverage, I don't think he would get the allocation. He's not an employee of employer, therefore not employed. Luke Bailey Senior Counsel Clark Hill PLC 214-651-4572 (O) | LBailey@clarkhill.com 2600 Dallas Parkway Suite 600 Frisco, TX 75034
david rigby Posted January 31, 2018 Posted January 31, 2018 19 hours ago, Luke Bailey said: He's not an employee of employer... This might be correct, but it appears to be an assumption. (You are aware that people can have more than one job, aren't you?) I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.
Luke Bailey Posted January 31, 2018 Posted January 31, 2018 I meant by the employer that was subject of Jim Chad's inquiry, of course. Luke Bailey Senior Counsel Clark Hill PLC 214-651-4572 (O) | LBailey@clarkhill.com 2600 Dallas Parkway Suite 600 Frisco, TX 75034
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