38.2-3437 - Rules used to determine group size.

§ 38.2-3437. Rules used to determine group size.

A. All employers treated as a single employer under subsection (b), (c), (m),or (o) of § 414 of the Internal Revenue Code of 1986 (26 U.S.C. § 414) shallbe treated as one employer.

B. In the case of an employer which was not in existence throughout thepreceding calendar year, the determination of whether such employer is asmall or large group employer shall be based on the average number ofemployees that it is reasonably expected such employer will employ onbusiness days in the current calendar year.

C. Any reference in this section to an employer shall include a reference toany predecessor of such employer.

(1997, cc. 807, 913.)