Freelance Common Law Employees. (i) If the Producer was not signatory to a Participation Agreement with the Plan before the execution date of this Agreement, the Producer shall contribute to the Plan at the contribution rate of twelve percent (12%) of “gross daily earnings” for the first sixty (60) days following countersignature by the Plan of this Participation Agreement, and thereafter at eight percent (8%). If the Producer was a signatory to a Participation Agreement with the Plan before the execution date of this Agreement and immediately before such execution date was contributing at 8%, then Producer shall contribute eight percent (8% effective as of the execution date. As used herein, “gross daily earnings” means the gross daily earnings/wages of each “freelance” common law employee employed in the following production categories and whose employment on the commercial production is not covered by a collective bargaining agreement (herein “employee”): Producer Production Manager Production Supervisor Production Coordinator Bidder Production Assistant (Covered categories include the above categories in combination with “assistant,” and/or with any modifier, prefix and/or suffix).
Freelance Common Law Employees. (i) The Contributing Employer shall contribute to the Plan nine percent (9%) of “gross earnings” (as defined in paragraph 8(a)(iii) of this Participation Agreement) of the freelance, common law employees (within the meaning of Section 3(6) of ERISA, herein “employee” and “employees”) employed in Covered Categories whose employment on Covered Productions is not covered by a collective bargaining agreement to which the Contributing Employer is a party/signatory. The Plan does not accept contributions on behalf of, and does not cover under the Plan of Benefits, an independent contractor under applicable law. Gross earnings for employees working in Covered Categories must be reported or reportable on IRS Form W-2. Where a Contributing Employer misclassifies an individual working in a PHBP Covered Category as an independent contractor (e.g. the person is paid using IRS Form 1099) such that the individual qualifies as an employee under applicable law, the Plan requires contributions hereunder for all work by that employee in covered employment.
