The question is coming up about whether a "landscape architect" is a professional employer for purposes of exemption from PBGC coverage. Any thoughts? What, if anything, can we ask them to help clarify? We have been told that none of their employees "uses a shovel"....

Med

Call the PBGC. They are pretty responsive on issues like this.

Thank you Mike - the client has written in to the PBGC for a coverage determination. Our office assumed it would be a covered plan and has had the client pay premiums for some years. I hope it doesn't turn out to be "our bad".

I agree that you should get a PBGC ruling - it is the only way to know for sure.

I think it is fairly clear that architects are considered professional service employers. The question is does the term "landscape" change the meaning. It will ultimately come down to fact/circumstances. Is this particular "landscape architect" just a glorified pool boy, or are they really a certified architect with a specialty in landscaping.

Engineers – yes, sanitation engineers – probably not.

This prior ruling may or may not fit your situation. http://www.pbgc.gov/oplet/97-2.pdf

If the PBGC rules the Plan is not covered, provide the PBGC with a copy of their ruling as well as copies of past PBGC filings and canceled premium payment checks and request a refund. Then, "your bad" may become "your good."

My wife is a "domestic engineer" and as such claims her "business" should not be PBGC covered.