Common use of RECLASSIFIED EMPLOYEES Clause in Contracts

RECLASSIFIED EMPLOYEES. If the Employer elects in its Adoption Agreement to exclude reclassified Employees from eligibility to participate, the exclusion applies to any person the Employer does not treat as an Employee (including, but not limited to, independent contractors, persons the Employer pays outside of its payroll system and out-sourced workers) for federal income tax withholding purposes under Code §3401(a), but for whom there is a binding determination the individual is an Employee or a Leased Employee of the Employer.

Appears in 3 contracts

Samples: Defined Contribution Prototype Plan (MSC Software Corp), Defined Contribution Prototype Plan (Trimeris Inc), 401(k) Plan Adoption Agreement (Petco Animal Supplies Inc)

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RECLASSIFIED EMPLOYEES. If the Employer elects in its Adoption Agreement to exclude reclassified Employees from eligibility to participate, the exclusion applies to any person the Employer does not treat as an Employee (including, but not limited to, independent contractors, persons the Employer pays outside of its payroll system and out-sourced workers) for federal income tax withholding purposes under Code §ss. 3401(a), but for whom there is a binding determination the individual is an Employee or a Leased Employee of the Employer.

Appears in 1 contract

Samples: Adoption Agreement (Bank of Granite Corp)

RECLASSIFIED EMPLOYEES. If the Employer elects in its Adoption Agreement to exclude reclassified Employees from eligibility to participate, the exclusion applies to any person the Employer does not treat as an Employee (including, but not limited to, independent contractors, persons the Employer pays outside of its payroll system and out-sourced workers) for federal income tax withholding purposes under Code §3401(a(S)3401(a), but for whom there is a binding determination the individual is an Employee or a Leased Employee of the Employer.

Appears in 1 contract

Samples: Adoption Agreement (Gold Banc Corp Inc)

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RECLASSIFIED EMPLOYEES. If the Employer elects in its Adoption Agreement to exclude reclassified Employees from eligibility to participate, the exclusion applies to any person the Employer does not treat as an Employee (including, but not limited to, independent contractors, persons the Employer pays outside of its payroll system and out-sourced workers) for federal income tax withholding purposes under Code §3401(ass.3401(a), but for whom there is a binding determination the individual is an Employee or a Leased Employee of the Employer.

Appears in 1 contract

Samples: Adoption Agreement (CRH Public LTD Co)

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