Utah Code 31A-40-206. Professional employer service not insurance
Current as of: 2024 | Check for updates
|
Other versions
(1) A professional employer organization licensed under this chapter is not considered
engaged in the sale of insurance or as acting as a third party administrator when the professional employer organization engages in one or more of the following with respect to a professional employer service:
Terms Used In Utah Code 31A-40-206
- Administrator: means the same as that term is defined in Subsection (187). See Utah Code 31A-1-301
- Covered employee: means an individual who has a coemployment relationship with a client and a professional employer organization if the conditions of Section 31A-40-203 are met. See Utah Code 31A-40-102
- Employee: means :(57)(a) an individual employed by an employer; or(57)(b) an individual who meets the requirements of Subsection (55)(b). See Utah Code 31A-1-301
- Insurance: includes :
(96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;(96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and(96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301- professional employer organization: means a person engaged in the business of providing a professional employer service. See Utah Code 31A-40-102
- Professional employer service: means the service of entering into a coemployment relationship under this chapter under which all or a majority of the employees who provide a service to a client, or a division or work unit of a client, are covered employees. See Utah Code 31A-40-102
(1)(a) offering;(1)(b) marketing;(1)(c) selling;(1)(d) administering; or(1)(e) providing.(2) Subsection (1) applies to a professional employer service that includes an employee benefit plan for a covered employee. - Insurance: includes :