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IC 27-16-3-2
Effect on duties
Sec. 2. This article and a professional employer agreement do not
do the following:
(1) Diminish, abolish, or remove the obligations of a client to a
covered employee that exist before the effective date of the
professional employer agreement.
(2) Affect, modify, or amend a contractual relationship or
restrictive covenant:
(A) between a covered employee and a client that is in effect
on the effective date of the professional employer
agreement; or
(B) that is entered into between a client and a covered
employee after the effective date of the professional
employer agreement.
A PEO is not responsible or liable for a dispute in connection
with or arising out of a contractual relationship or restrictive
covenant described in this subdivision unless the PEO has
otherwise specifically agreed in writing.
(3) Create a new or additional enforceable right of a covered
employee against a PEO that is not specifically provided by the
professional employer agreement or this article.
As added by P.L.245-2005, SEC.7.
IC 27-16-3-3
Effect on federal, state, or local requirements
Sec. 3. (a) This article and a professional employer agreement do
not affect, modify, or amend a federal, state, or local:
(1) license;
(2) registration; or
(3) certification;
requirement that applies to a client or covered employee.
IC 27-16-3-4
Effect on tax credits and incentives
Sec. 4. (a) For purposes of the determination of tax credits and
other economic incentives:
(1) provided by the state or another governmental entity; and
(2) based on employment;
a covered employee is considered an employee solely of the client.
(b) A client is entitled to the benefit of any tax credit, economic
incentive, or other benefit arising as the result of the employment of
a covered employee of the client.
(c) If the grant or amount of an incentive is based on the number
of employees a client employs:
(1) each client must be treated as employing only the covered
employees actually working in the client's business operations;
and
(2) covered employees working for other clients of the PEO
must not be counted.
(d) A PEO shall provide, upon request by a client or an agency or
a department of the state or of another governmental entity,
employment information:
(1) reasonably required by an agency or a department of the
state or of another governmental entity that is responsible for
administration of a tax credit or economic incentive described
in this section; and
(2) necessary;
to support a request, a claim, an application, or another action by a
client seeking a tax credit or an economic incentive.
As added by P.L.245-2005, SEC.7.
IC 27-16-3-5
Effect on government contracts
Sec. 5. With respect to a bid, a contract, a purchase order, or an
agreement entered into with the state or a political subdivision of the
state, a client's status or certification as a:
(1) small, minority owned, disadvantaged, or woman owned
business enterprise; or
(2) historically underutilized business;
is not affected because the client has entered into the professional
employment agreement.
As added by P.L.245-2005, SEC.7.