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PROFESSIONAL
EMPLOYER ORGANIZATIONS
For information for Professional
Employer Organization (PEO), please refer to the forms and bulletin below
for guidance in preparing and filing your application. You may contact Edith
Roberts if you need additional help or information.
Alternatively,
under §23-92-414 of Arkansas Act 1750 , PEOs
that are accredited by ESAC, which is a licensed Employer
Assurance Service Organization (ESAO) in Arkansas, are not required to post
the required $100,000 bond or submit the application and biennial renewal
forms. Additionally, accredited PEOs receive a
50% savings on the fees required for the initial application and biennial
renewals.
The
following links are to the PEO Bulletin and forms to be used by PEO’s under Act 1750 of 2003 (ACA 23092-401 et seq.):
Bulletin
PEO Application (Form PEO-P)
Group PEO Application (Form PEO-G)
PEO Exempt Application (Form PEO-E)
Employer Assurance Service Organization
Application (Form ESAO-A1)
Cross
Guarantee Form
Bond
Form
Change of Control of a PEO Form (Form PEO-C)
PEO Renewal Application (Form PEO-PR)
Group PEO Renewal Application (Form
PEO-GR)
Controlling Person Exhibit
PEO Quarterly Report (Form PC EL – Quarterly Report)
Rule
and Regulation 81 has been issued regarding Employer Assurance Service
Organization and is available in Word and PDF formats.
Current Arkansas
law and regulations provide for certain licensing requirements to engage in
the business of a Professional Employer Organization (“PEO”).
Act 1750 of 2003 updated and
modernized the regulatory oversight of this type of profession and renamed
these businesses “Professional Employer Organizations.”
A PEO is any person or legal
entity engaged in the business of providing professional employer services
by entering into a co-employment relationship which at least a majority of
the employees of a client and providing professional employer services to
the client or to a division or work unit of a client for its covered
employees and in which the arrangement is intended to be, or is, ongoing rather
than temporary in nature; and employer responsibilities, including the
right of direction and control of the employees, are shared by the PEO and
its clients.
Professional employer services
do not include services performed by temporary employees or by persons
determined to be independent contractors with respect to the recipient.
Temporary help services are not professional employer services.
Other useful information for Professional
Employer Organizations:
The Department of Labor informational
pamphlet on Multiple Employer Welfare Association
(“MEWA”). Page 33
starts a significant discussion on when a PEO and the extent State
law applies to them. You should
also see, in
conjunction with this paper the Commissioner’s
bulletins 4-2001 (Word or PDF)
and 7-2002 (Word or PDF).
By using our Company Search database you
can search for licensed professional employer services organizations. You can also get a complete listing
of every licensed professional employer organization doing business in Arkansas.
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