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Utah Code Title 31A. Insurance Code § 31A-40-201. Enforceable rights and obligations

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) In a coemployment relationship under a professional employer agreement:

(a) a professional employer organization:

(i) may only enforce a right of an employer that is specifically allocated to the professional employer organization under the professional employer agreement or this chapter; and

(ii) is subject only to an obligation of an employer specifically allocated to the professional employer organization by the professional employer agreement or this chapter; and

(b) a client:

(i) may enforce a right of an employer:

(A) allocated to the client in the professional employer agreement or this chapter; or

(B) not specifically allocated to the professional employer organization under the professional employer agreement or this chapter; and

(ii) is subject to an obligation of an employer:

(A) allocated to the client by the professional employer agreement or this chapter; or

(B) not specifically allocated to a professional employer organization by the professional employer agreement or this chapter.

(2) A right or obligation of a professional employer organization as a coemployer of a covered employee is limited to a right or obligation arising pursuant to the professional employer agreement and this chapter during the term of coemployment of the covered employee by the professional employer organization.

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Cite this article: FindLaw.com - Utah Code Title 31A. Insurance Code § 31A-40-201. Enforceable rights and obligations - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-31a-insurance-code/ut-code-sect-31a-40-201/

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