Loan-Out Companies. During such time as an employee is engaged by a borrowing Producer through the employee's loan-out company, the borrowing Producer shall make pension and health and CSATF contributions directly to the Motion Picture Industry Health Plan and the Motion Picture Industry Pension Plan on behalf of the employee so employed based upon hours worked or guaranteed. Contributions may not be made by loan-out companies.
Loan-Out Companies. Where, as part of Commercial Production a Contributing Employer borrows/leases the services of a freelance employee from a loan-out company and such employee renders services to a Contributing Employer in a freelance Covered Category covered by this Participation Agreement, the Contributing Employer shall make contributions directly to the Plan with respect to the services performed by the borrowed/leased employee. In its agreement with the loan-out company, the Contributing Employer shall separately state the compensation applicable to services covered by this Participation Agreement. Contributions to the Plan shall be based on the amount the Contributing Employer pays the loan-out company for borrowing/leasing the freelance employee’s covered services. As used herein the term “loan-out company” shall (A) have the same meaning as it does under the commercial production industry multiemployer employee welfare benefit plans where such plans cover persons working as loaned out freelance employees under their plan of benefits; (B) is owned solely by the employee and (C) loans/leases the employee/owner’s special skills and services to the Contributing Employer; (D) the borrowing/leasing Contributing Employer exercises supervision and control over the borrowed/leased employee ; and (E) there are other indicia of employment between the Contributing Employer and the borrowed/leased employee. A loan-out company is a corporation, Limited Liability Company or other legal entity. A loan-out company is not regarded by the Plan as an independent contractor in relation to the Contributing Employer. The Plan does not enter into participation agreements with loan-out companies nor permit them to become contributing employers. The Trustees have the right, at any time on notice to the Contributing Employer, to decline to accept contributions on behalf of loaned-out/borrowed employees and to not cover such persons as participants under the Plan of Benefits where the Trustees in their sole judgment determine to be in the best interests of the Plan and/or to comply with applicable law.
Loan-Out Companies. During such time as an employee is engaged by a borrowing Employer through the employee’s loan-out company, the borrowing Employer shall make pension and health contributions directly to the Motion Picture Industry Health and Pension Plan on behalf of the employee so employed. Contributions may not be made by loan-out companies. The parties acknowledge that the Employer's policy concerning the engagement of an employee through a loan-out company may change and that nothing herein shall obligate the Employer to engage an employee through a loan-out company.
Loan-Out Companies. For loan-out companies providing the services of any Covered Workers to Producer, Producer, upon receipt of an invoice from CAPS, shall reimburse CAPS for all actual payments made to and/or on behalf of the loan- out company by CAPS, and pro-rated premiums for worker's compensation Insurance coverage, plus the agreed handling xxx noted 10 the SERVICE SCHEDULE.
