Are Independent Contractors That are Reclassified by the IRS or a Court, Eligible for Benefits?
On September 9th
According to the DC district court the answer is no. The court’s decision was based on the facts that the plan administrator didn’t intentionally misclassify the workers and the 401(k) and cafeteria plan documents specified that anyone reclassified as an employee by a court or the IRS wouldn’t receive benefits. Based on the case it would be wise to review your plan documents with legal counsel to insure being tripped up by this in the future.
Here are 3 more tips to help you sit pretty in retirement. If you need additional assistance with your retirement planning please contact me online or call (239) 384-9688.
-Mark
Naples & Fort Myers CPA
This information is based on facts, assumptions and representations as stated and authorities that are subject to change. We will not update this information for subsequent legislative or administrative changes of future judicial interpretations.
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