“The Bears are what we thought they were. Th-they’re what we thought they were. We played them in preseason. I mean, who the hell takes the third game of the preseason like it’s bullshit? Bullshit! We played them in the third game, everybody played three quarters… the Bears are who we thought they were! That’s why we took the damn field!’ then Arizona Cardinals Head Coach Dennis Green.
The rules of controlled groups and affiliated service group rules have one simple rule, if they’re a member of either, companies of those groups have to be tested as one.
Controlled groups, either are members or not, based on the percentages of ownership and commonality. The same can’t be said about affiliated services, it’s all fact-sensitive. Companies that work together with each other or for third parties are likely affiliated services. If they are separate, they probably aren’t. You will only know if you ask the right questions, and that’s why you need an ERISA attorney to dig through the facts.
