To amend title I of the Employee Retirement Income Security Act of 1974 to ensure proper treatment of temporary employees under employee benefit plans.
ERISA Clarification Act of 1999 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to define year of service to include all service for the employer as an employee under the common law, regardless of whether the worker is paid through an employment agency, payroll agency, temporary help agency, staffing firm, or any other entity which is not the worker's employer under the common law.
Requires any exclusion from a pension plan to be made on a uniform basis, stated in the plan, and based on reasonable job classifications and objective criteria. Prohibits excluding workers from a pension plan for an indefinite period of time: (1) beyond a year of service; or (2) by designating the worker as part-time employee, temporary employee, leased employee, agency employee, or staffing firm employee, where the worker is an employee of the employer under the common law and has served the plan's minimum service period. Requires every plan instrument to contain eligibility criteria which complies with such requirements and prohibitions with respect to exclusions.
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Employer-Employee Relations.
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