State RegulationsOH specificDifficulty 3/5
A Columbus holding company and an affiliated company are deciding whether their employees may be treated as employees of a single employer for purposes of employer-owned life insurance. Under ORC 3911.091, what ownership test determines whether the entities are treated as one employer?
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Answer & full 3-part explanation (select an option above, or peek)
Why D is correct
ORC 3911.091 uses a control test based on 51% voting power: entities connected by that level of voting-power control are treated as a single employer, so covered employees across the affiliated group may be insured under the employer-owned life framework once the consent and disclosure conditions are met.
Why the other options are wrong
- A) Full 100% ownership is not the statutory test; ORC 3911.091 sets the control threshold at 51% voting power.
- B) A 25% voting-power threshold is not part of ORC 3911.091; the statute specifies 51% voting power.
- C) Shared board membership is not the control test used by ORC 3911.091; the statute measures voting power.
Memory hook
One employer for employer-owned life: think 51 — a voting-power majority, not a board friendship.