Employees Who Transition to “Of Counsel”

aba_pab_sept16_article_images_rdcr_1Do you have senior partners, shareholders or other lawyers transitioning to “of counsel” status this year? You may need to update their status to “terminated” if they are no longer considered employees of the firm.

In many cases, those considered “of counsel” are independent contractors paid via Form 1099-R as opposed to Form W-2. If that’s the case, they may not be eligible to make additional contributions to your retirement plan, and their participant status should be updated to “terminated.”

The Program can establish an owner-only 401(k) or other type of retirement plan for these individuals if they are considered self-employed and would like to continue to contribute to a retirement plan. A representative from the Program’s sales team is available to discuss this option further with these participants. Please contact us for more information.

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