Common use of Leased Employee Clause in Contracts

Leased Employee. Any person (other than an employee of the recipient)who pursuant to an agreement between the recipient and any other person ("leasing organization") has performed services for the recipient (or for the recipient and related persons determined in accordance with section 414(n)(6) of the Code) on a substantially full time basis for a period of at least one year, and such services are performed under primary direction or control by the recipient Contributions or benefits provided a Leased Employee by the leasing organization which are attributable to services performed for the recipient employer shall be treated as provided by the recipient employer. A Leased Employee shall not be considered an Employee of the recipient if: (a) such employee is covered by a money purchase pension plan providing (1) a nonintegrated employer contribution rate of at least 10 percent of Compensation, as defined in Section 14.39 of the Plan, but including amounts contributed pursuant to a salary reduction agreement which are excludable from the employee's gross income under section 125, section 132(f)(4), section 402(e)(3), or section 402(h)(1)(B) of the Code, (2) immediate participation, and (3) full and immediate vesting; and

Leased Employee. Any person (other than an employee of the recipient)who recipient) who pursuant to an agreement between the recipient and any other person ("leasing organization") has performed services for the recipient (or for the recipient and related persons determined in accordance with section Section 414(n)(6) of the Code) on a substantially full time basis for a period of at least one year, and such services are of a type historically performed under primary direction or control by employees in the business field of the recipient employer. Contributions or benefits provided a Leased Employee leased employee by the leasing organization which are attributable to services performed for the recipient employer shall be treated as provided by the recipient employer. A Leased Employee leased employee shall not be considered an Employee employee of the recipient if: (ai) such employee is covered by a money purchase pension plan providing Plan providing: (1) a nonintegrated employer contribution rate of at least 10 percent of Compensationcompensation, as defined in Section 14.39 415(c)(3) of the PlanCode, but including amounts contributed pursuant to a salary reduction agreement which are excludable from the employee's gross income under section Section 125, section 132(f)(4), section Section 402(e)(3), Section 402(h)(1)(B) or section 402(h)(1)(BSection 403(b) of the Code, (2) immediate participation, and (3) full and immediate vesting; andand (ii) leased employees do not constitute more than 20 percent of the recipient's nonhighly compensated workforce.