Pooled employer plans for independent workers

Section 3(43) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(43)) is amended by adding at the end the following: (E) Treatment of independent workers as employees (i) In general (I) Independent workers For purposes of a pooled employer plan, an independent worker may be enrolled in the pooled employer plan as if the independent worker were an employee of an employer in the plan and shall be considered a participant for purposes of the plan. (II) Trade associations For purposes of a pooled employer plan, a trade association may be in a pooled employer plan as if the trade organization were an employer and may enroll an independent worker in the plan in accordance with subclause (I). (ii) Data harmonization For purposes of an independent worker who is a participant in a pooled employer plan, an employer of an independent worker or a trade organization that enrolls an independent worker may share data regarding the independent worker with any person as necessary to facilitate the establishment and maintenance of the pooled employer plan. (iii) Rule of construction regarding employment status The status of an independent worker as a participant in a pooled employer plan of an employer or a trade association and any contributions made to such a pooled employer plan by the employer on behalf of an independent worker shall not be construed to mean that the independent worker is an employee of the employer or trade association in the plan for purposes of any Federal, State, or local law. (iv) Definitions For purposes of this subparagraph: (I) Independent worker The term independent worker means an individual who, with respect to an employer, performs work for remuneration for the employer and is not an employee of the employer. (II) Trade association The term trade association includes any labor organization, worker cooperative, employee organization, association of workers in related or unrelated industries, or association of related companies or contractors..