Lay Employees Retirement Plan Policy on In-Service Distributions July 2014

Similar documents
YALE UNIVERSITY MATCHING RETIREMENT PLAN SUMMARY PLAN DESCRIPTION

YALE UNIVERSITY RETIREMENT ACCOUNT PLAN SUMMARY PLAN DESCRIPTION

IRS PRIVATE LETTER RULING FOR AMERICAN FAMILY INSURANCE

Focus on Misclassification: Employee Versus Independent Contractor

Ameren Health Savings Account Program

1099 vs. W2 1/30/ vs. W 2. Classifying Independent Contractors and Employees

PRESENT LAW AND BACKGROUND RELATING TO WORKER CLASSIFICATION FOR FEDERAL TAX PURPOSES

EXHIBIT A PARTICIPATION AGREEMENT

STAFFING COMPANIES INC 401(K) P/S PLAN SUMMARY PLAN DESCRIPTION

ARMSTRONG INTERNATIONAL, INC. THREE RIVERS MI

SUMMARY PLAN DESCRIPTION FOR THE CATHOLIC ARCHDIOCESE EMPLOYEES RETIREMENT PLAN PLAN NUMBER: 001 EMPLOYER IDENTIFICATION NUMBER:

YOUR RETIREMENT PENSION PLAN

From the library of Dear Sir or Madam:

Archdiocese of New Orleans 401(k) Plan. Plan Summary

Focus on Misclassification: Are Your Nonprofit s Workers Employees or Independent Contractors?

July 30, The Retirement Board City of Taylor Police and Fire Retirement System Taylor, Michigan

403(B) THRIFT PLAN FOR EMPLOYEES OF CATHOLIC CHARITIES OF ST. LOUIS. SUMMARY OF 403(b) PLAN PROVISIONS

maximize your savings

Dependent Care Flexible Spending Arrangement

SUMMARY PLAN DESCRIPTION FOR THE CHRISTENSEN FARMS & FEEDLOTS, INC. 401(K) PROFIT SHARING PLAN. (Updated July 2010)

March 26, The purpose of the valuation of the City of Eastpointe Employees Death Benefit Plan as of November 1, 2012 is to:

BOARD OF COMMISSIONERS AGENDA ITEM COVER SHEET January 7, 2016

PART I METROPOLITAN EDISON COMPANY BARGAINING UNIT RETIREMENT PLAN PROVISIONS

FREQUENTLY ASKED QUESTIONS BY INTERIM PASTORS

City of Fort Pierce Retirement and Benefit System Fifty-Ninth Annual Actuarial Valuation Report for the Year Ending September 30, 2017 GRS

NECA-IBEW PENSION TRUST FUND PENSION PLAN DOCUMENT RESTATED EFFECTIVE JUNE 1, 2018

PART F BEAVER VALLEY BARGAINING UNIT RETIREMENT PLAN PROVISIONS

Summary Plan Description. for the. Vought Aircraft Industries, Inc. Protective Services. Retirement Plan

CHAPTER 3B Ethics and Circular 230

The Johns Hopkins University Support Staff Pension Plan. Summary Plan Description

Pension Plan for Employees of Uihlein Mercy Center, Inc. Summary Plan Description Effective as of January 1, 2017

ST. JOHN S UNIVERSITY DEFINED CONTRIBUTION RETIREMENT PLAN (JANUARY 1, 2013 RESTATEMENT)

LAY EMPLOYEES RETIREMENT PLAN

STEVENS INSTITUTE OF TECHNOLOGY DEFINED CONTRIBUTION RETIREMENT PLAN SUMMARY PLAN DESCRIPTION

SUMMARY PLAN DESCRIPTION THE CAPITAL RETIREMENT SAVINGS PLAN (CRSP) THE CAPITAL GROUP COMPANIES, INC.

Employers Pensions and Benefits Administration Manual. Pensions & Benefits. For the Public Employees Retirement System PERS

PROGRESSIVE SERVICES, INC. 401(K) SALARY REDUCTION PLAN SUMMARY PLAN DESCRIPTION

Group Pension Plan for Employees of Mercy Center for Health Services Summary Plan Description Effective as of January 1, 2017

YESHIVA UNIVERSITY RETIREMENT INCOME PLAN (BASIC PLAN) SUMMARY PLAN DESCRIPTION. Retirement Income Plan

SUMMARY PLAN DESCRIPTION JOY GLOBAL PENSION PLAN

Alcatel-Lucent Retirement Income Plan Account Balance Program Summary Plan Description January 1, 2011

STATE OF CALIFORNIA SAVINGS PLUS PROGRAM THRIFT PLAN. Amended as of January 1, 2017

SUMMARY PLAN DESCRIPTION

PENSION AND INSURANCE AGREEMENT

PINE TREE INDEPENDENT SCHOOL DISTRICT CONSULTING AGREEMENT

AGREEMENT FOR CONSTRUCTION PROJECT MANAGEMENT SERVICES

ALTAMONTE FAMILY WELLNESS MEDICAL CENTER, INC. 401(K) & PROFIT SHARING PLAN SUMMARY PLAN DESCRIPTION

Client Advisory BENEFIT SUSPENSIONS UNDER THE MULTIEMPLOYER REFORM ACT ARTICLES IN THIS CLIENT ADVISORY: SUMMARY OF PROCEDURE FOR SUSPENDING BENEFITS

Independent Contractors v. Employees and Why It Matters

TABB Quality Assurance Program

UNIFY INC. PENSION PLAN (effective as of January 1, 2009, Amended and Restated, effective as of October 15, 2013)

S U M M A R Y P L A N D E S C R I P T I O N Marvell Semiconductor 401(k) Retirement Plan

ASX OPERATING RULES MONITORING CONDUCT AND ENFORCING COMPLIANCE INFORMATION, MONITORING AND INVESTIGATION...503

Sandia Group Term Life Insurance Plans

INSTRUCTIONS TO BIDDERS

Ameren Retirement Plan for Employees represented by a collective bargaining agreement with

TOWN OF WETHERSFIELD PENSION PLAN

FLEXIBLE BENEFITS PLAN THE STATE OF LOUISIANA

The Johns Hopkins University Bargaining Unit Employees Pension Plan. Summary Plan Description

The Gates Group Retirement Plan. Doc. 2. Appendix K Participants. Summary Plan Description

EPK & Associates, Inc. BIAW Health Insurance Trust Administrative Manual Regence. BIAW HEALTH INSURANCE TRUST Administrative Manual

ASCENSION PARISH SCHOOL BOARD 403(B) PLAN. SUMMARY OF 403(b) PLAN PROVISIONS

THOMAS JEFFERSON UNIVERSITY EMPLOYEES PENSION PLAN SUMMARY PLAN DESCRIPTION. May 2015

Health Care Flexible Spending Arrangement

DETERMINATION OF EMPLOYEE STATUS. Following are the procedures to be followed to determine the status of each employee:

Bryn Mawr College Retirement Plan

UNIVERSITY OF LOUISVILLE. 403(b) RETIREMENT PLAN. Amended and Restated Effective July 1, And Revised September 8, 2011

Fax #: Website: Note: All Commissions and Invoices will be sent to the above mailing address, unless otherwise specified in writing.

Summary Plan Description. for the. Vought Aircraft Industries, Inc. Hourly Retirement Plan. July 1, 2009

ELWOOD STAFFING SERVICES, INC. COLUMBUS IN

Additional Funding Rules for Multiemployer Plans in Endangered or Critical Status (IRC section 432)

RETIRING & RETIREE BENEFITS Revised January 2016

EMPLOYEE PENSION PLAN SUMMARY PLAN DESCRIPTION For GPU Nonbargaining Employees

IRS issues final rules on suspension of benefits for multiemployer plans

In this article we review the new automatic contribution safe harbor and 90-day distribution rules.

SUMMARY PLAN DESCRIPTION

Summary of Retirement Plan Benefits Full-Time Instructional (Teaching and Non-Teaching) and Executive Compensation Plan Members

Summary Plan Description. SPD Pension Plans 04/01/

CEN. a permanent new job or job vacancy shall gain seniority under the thirty (30) working days in ninety (90) calendar

ARLINGTON COUNTY EMPLOYEES RETIREMENT SYSTEM CHAPTER 46 MEMBERSHIP HANDBOOK

DIOCESE OF FORT WAYNE - SOUTH BEND RETIREMENT PLAN FOR LAY TEACHERS AND LAY EMPLOYEES SUMMARY PLAN DESCRIPTION

P H O E N I X P O L I C E D E P T. ( 022) A R I Z O N A P U B L I C S A F E T Y P E R S O N N E L R E T I R E M E N T S Y S T E M JUNE 30, 201 3

Publicis Benefits Connection Health & Group Benefits Program Dependent Care Flexible Spending Account Summary Plan Description January 1, 2016

Pension Plan Summary Plan Description January 1, 2017

Working After Retirement

Standard Form of Agreement Between Contractor and Subcontractor

NORTHWESTERN UNIVERSITY VOLUNTARY SAVINGS PLAN SUMMARY PLAN DESCRIPTION

SUMMARY PLAN DESCRIPTION OF THE LOCAL UNION NO. 164, I.B.E.W. JOINT PENSION FUND. As Amended Effective January 1, 2011

AEROSPACE EMPLOYEES RETIREMENT PLAN (AERP)

Today s webinar will begin shortly. We are waiting for attendees to log on.

Danisco US Inc. Income Replacement Plan. Summary Plan Description. January 1, 2011

INFORMATION FOR REHIRED ANNUITANTS

Jacksonville Police and Fire Pension Fund ACTUARIAL VALUATION REPORT AS OF OCTOBER 1, 2017

August 22, The Pension Board Redford Township Police and Fire Retirement System Redford Township, Michigan. Dear Board Members:

Bona Fide Wellness Programs Under HIPAA

DALLAS AREA RAPID TRANSIT EMPLOYEES DEFINED BENEFIT RETIREMENT PLAN AND TRUST

This SPD supersedes any other SPD and/or updates to other SPDs previously distributed.

DEFINED BENEFIT PLAN (service x age) x salary average. The Massachusetts State Employees Retirement System 2/10/2015

THE ROMAN CATHOLIC ARCHDIOCESE OF BOSTON 401(k) RETIREMENT SAVINGS PLAN. Amended and Restated Effective November 1, 2017.

WESTERN CONFERENCE OF TEAMSTERS PENSION PLAN

Transcription:

Lay Employees Retirement Plan Policy on In-Service Distributions July 2014 BACKGROUND The Michigan Catholic Conference (MCC) Lay Employees Retirement Plan (LERP) is a defined benefit pension plan and a church plan, as described in Section 414(e) of the Internal Revenue code of 1986. The LERP requires that a participant may not receive retirement benefits while working in Covered Employment, even if the participant has attained normal retirement age. The LERP defines "Covered Employment" as working in a position with 20 or more scheduled hours per week for five or more months in a calendar year. The employee s total service to all Covered Units is combined for purposes of determining if the employee is working in Covered Employment. Effective January 1, 2008 a participant who has completed five or more years of Credited Service and who terminates Covered Employment on or after their 62nd birthday is eligible to begin receiving Early Retirement Benefits, even if the participant is still employed by the Covered Unit he or she is retiring from or any other Covered Unit. The term employed by means the employee is maintained on the employer s records as an employee or is otherwise determined to be a common law employee of the employer, regardless of whether working part-time or full-time. Persons who are called consultants or independent contractors and given a 1099 instead of a W-2 are still employed by the employer if they are a common law employee of the employer. An overview of independent contractor guidelines is attached. A termination of employment does not occur if the participant reduces his or her work schedule from full-time to part-time employment, even if under the reduced schedule the employee is no longer working in Covered Employment. If a former participant who is properly receiving a monthly pension from the LERP returns to Covered Employment, the MCC must suspend the participant's retirement benefits pursuant to Section 6.5 of the LERP. Subject to the 90-day termination rule discussed below, if a former participant who is receiving a monthly pension from the LERP returns to employment with a Covered Unit but is not working in Covered Employment, the former participant may continue to receive his or her monthly pension as long as he or she was either (1) not employed by the Covered Unit he or she retired from at the time his or her benefits commenced, or (2) was employed by the Covered Unit he or she retired from, but was not working in Covered Employment, and had attained age 62 at the time his or her benefits commenced. POLICY ON IN-SERVICE DISTRIBUTIONS CERTIFICATION OF TERMINATION OF EMPLOYMENT REQUIRED TO COMMENCE PENSION PRIOR TO AGE 62 A participant who applies for an Early Retirement Benefit or a Deferred Withdrawal Retirement Benefit prior to age 62 is required to certify in his or her Application for Retirement Benefits that he or she is not employed by the Covered Unit he or she is retiring from or any other Covered Unit.

SUSPENSION OF BENEFITS FOR PARTICIPANTS WHO DID NOT TERMINATE EMPLOYMENT WITH THEIR COVERED UNIT AT THE TIME THEIR BENEFITS COMMENCED A participant who begins to draw an Early Retirement Benefit or a Deferred Withdrawal Retirement Benefit prior to age 62 will have his or her monthly benefit suspended if the participant was rehired with his or her Covered Unit within 90 days following his or her Termination Date with that Covered Unit (the 90-day termination rule ). For this purpose, a participant s Termination Date is the first day of the month following the participant s termination date. In the case of an employee working under a contract, his or her employment will be treated as ceasing at the contract expiration date. The 90-day termination rule is not triggered if within 90 days of his other Termination Date the participant becomes employed by a different Covered Unit. A participant who has his or her monthly retirement benefit suspended under the 90-day termination rule described above shall be obligated to repay to the LERP the benefits paid to the participant in error. SUSPENSION OF BENEFITS FOR PARTICIPANTS WHO RETURN TO COVERED EMPLOYMENT Participants who have started to receive pension benefits under the LERP can only continue to receive monthly benefits if they meet the following guidelines: They are not working in Covered Employment. Their hours have been reduced to less than 20 scheduled hours per week. They are not eligible for employer-sponsored benefits provided only to full-time employees that are scheduled to work 20 or more hours per week. The employee s total service to all Covered Units is combined for purposes of determining if the employee is working in Covered Employment. If the Participant is determined to be working in Covered Employment under this Policy, his or her monthly benefit will be suspended until he or she is no longer working in Covered Employment. PAYMENT OF DISABILITY BENEFITS Participants who are Disabled (as defined in the LERP), terminate employment and begin to draw their Disability Retirement Benefit can only continue to receive Disability Retirement Benefits if they remain totally and permanently unable to work for the Covered Unit for whom they were previously working. If a Disabled Participant is physically capable of performing any job within his or her Covered Unit, he or she will no longer be eligible for a Disability Retirement Benefit. If the Disabled Participant is working for another employer, a determination should be made as to whether he or she has recovered from the Disability that previously prevented him or her from being able to work in any position at the Covered Unit from which he or she retired.

INDEPENDENT CONTRACTOR Participants may be classified by their employer as an Independent Contractor only if they can meet the IRS criteria for Independent Contractor status. These criteria are very specific, and if not followed could result in severe tax penalties for employee and employer. Additional Information is provided below. ADDITIONAL INFORMATION Participants under age 62 may not receive retirement benefits from the LERP if they continue to be employed in any capacity by a Covered Unit working any number of hours. The above policies must be adhered to; otherwise the qualification of the LERP would be placed in jeopardy. In order to protect the LERP, the MCC will audit employer-reporting records against retiree files and will suspend benefit payments when warranted. If you have questions, please contact the Employee Benefits Department of the Michigan Catholic Conference at 1-800-395-5565.

INDEPENDENT CONTRACTOR GUIDELINES What Factors Does the IRS Look at in Determining Independent Contractor Status? In the past, a "20 Factor Test" was used to evaluate workers to determine whether they were independent contractors or employees. These factors have been compressed into three general categories: Behavioral Control, Financial Control, and Relationship of the Parties. As you look at the factors below, you should be aware that the IRS does not look specifically at any one factor, but one factor can be enough to cause the IRS to determine that a worker is an employee. There is no "magic number" of factors which determines status. It is also important to remember that the IRS presumes that a worker is an employee. Independent Contractor Test As you look at the factors below, be aware that the IRS does not look specifically at any one factor, but one factor can be enough to cause the IRS to determine that a worker is an employee. There is no "magic number" of factors which determines status. It is also important to remember that the IRS presumes that a worker is an employee. To give you more guidance on the issues relating to independent contractors vs. employees, here is a discussion of these factors: 1. Actual instruction or direction of worker. A worker who is required to comply with instructions about when, where and how to work is ordinarily an employee. The instructions may be in the form of manuals or written procedures that show how the desired result is to be accomplished. 2. Training Training of a worker by an experienced employee working with him by correspondence, by required attendance at meetings and by other methods is a factor indicating control by the employer over the particular method of performance. 3. Integration of Services Integration of the person's services in the business operations generally shows that he or she is subject to direction and control. 4. Personal Nature of Services If the services must be rendered personally, it indicates an interest in the methods, as well as the results. Lack of control may be indicated when the person has the right to hire a substitute with the permission or knowledge of the employer. 5. Similar workers Hiring, supervising, and payments to assistants on the same job as the worker generally show employer control over the job. 6. Continuing Relationship The existence of a continuing relationship between an individual and the person for whom he or she performs services tends to indicate an employer-employee relationship.

7. Hours of work The establishment of set hours of work by the employer bars the worker from being master of his own time, which is the right of the independent contractor. 8. Full-time Work Full-time work required for the business indicates control by the employer since it restricts the worker from doing other gainful work. 9. Work on Premises If the worker is required to do the work on the employer's premises, empoyer control is implied, especially where the work is of such a nature that it could be done elsewhere. 10. Order of Performance If the order of the performance of services is, or may be, set by the employer, control by the employer may be indicated. 11. Submitting Reports The submission of regular oral or written reports indicates control since the worker must account for his or her actions. 12. Method of Payment If the manner of payment is by the hour, week or month, an employer-employee relationship probably exists; whereas, payment on a commission or job basis is customary where the worker is an independent contractor. 13. Payment of Expenses Payment of the worker's business expenses by the employer indicates control of the worker. 14. Tools and Materials The furnishing of tools, materials, etc., by the employer indicates control over the worker. 15. Investment A significant investment by the worker in facilities used in performing services for another tends to show an independent status. 16. Profit or Loss The possibility of a profit or loss for the worker as a result of services rendered generally shows independent contractor status. 17. Exclusivity of Work Work for a number of persons at the same time often indicates independent contractor status because the worker is usually free, in such cases, from control by any of the firms. 18. Available to General Public The availability of services to the general public usually indicates independent contractor status. 19. Right of Discharge The right of discharge is that of an employer. An independent contractor, on the other hand,

cannot be "fired" without incurring liability if he or she is producing a result that measures up to his contract specifications. 20. Right to Quit The right to quit at any time without incurring liability indicates an employer-employee relationship.