qualified employee
Defined in 9 places across 3 titles of the United States Code.
Except as otherwise provided in this subsection, the term “qualified employee” means, with respect to any period, any employee of an employer if—
(A) the employee is an enrolled member of an Indian tribe or the spouse of an enrolled member of an Indian tribe,
(B) substantially all of the services performed during such period by such employee for such employer are performed within an Indian reservation, and
(C) the principal place of abode of such employee while performing such services is on or near the reservation in which the services are performed.
Source
- 1994–present26 U.S.C. § 45AInternal Revenue Code · Indian employment credit · for purposes of this section
For purposes of this paragraph, the term “qualified employee” means any employee who has completed 15 years of service with the qualified organization.
Source
- 1994–present26 U.S.C. § 402Internal Revenue Code · Taxability of beneficiary of employees trust · in this section
For purposes of this section, the term "qualified employee" means, with respect to any month, an individual—
Source
- 2005–present26 U.S.C. § 1400PInternal Revenue Code · Housing tax benefits · for purposes of this section
For purposes of this section, the term “qualified employee” means, with respect to any month, an individual—
(1) who had a principal residence (as defined in section 121) in the Gulf Opportunity Zone on August 28, 2005, and
(2) who performs substantially all employment services—
(A) in the Gulf Opportunity Zone, and
(B) for the qualified employer which furnishes lodging to such individual.
Source
- 201326 U.S.C. § 1400PInternal Revenue Code · Housing tax benefits · for purposes of this section
The term “qualified employee” means a person who has been an employee of the taxpayer for the 91-day period immediately preceding the period for which any differential wage payment is made.
Source
- 2008–present26 U.S.C. § 45PInternal Revenue Code · Employer wage credit for employees who are active duty members of the uniformed services · for purposes of this section
the term “qualified employee” means an employee as described in subsection (b).
Source
- 2011–present5 U.S.C. § 7906Government Organization and Employees · Services of post-combat case coordinators · for purposes of this section
the term "qualified employee" means an employee or applicant who, with or without reasonable accommodation, can perform the essential functions of the employment position, except that an employee or applicant shall be considered qualified if—
(A) any inability to perform an essential function is for a temporary period;
(B) the essential function could be performed in the near future; and
(C) the inability to perform the essential function can be reasonably accommodated; and
Source
- 2022–present42 U.S.C. § 2000ggThe Public Health and Welfare · Definitions · as used in this chapter
The term “qualified employee” means any individual who—
(i) is not an excluded employee, and
(ii) agrees in the election made under this subsection to meet such requirements as are determined by the Secretary to be necessary to ensure that the withholding requirements of the corporation under chapter 24 with respect to the qualified stock are met.
Source
- 2018–present26 U.S.C. § 83Internal Revenue Code · Property transferred in connection with performance of services · for purposes of this subtitle
The term “qualified employee” means, with respect to a cafeteria plan, any employee who is not a highly compensated or key employee and who is eligible to participate in the plan.
Source
- 2010–present26 U.S.C. § 125Internal Revenue Code · Cafeteria plans · for purposes of this section
The term “qualified employee” means, with respect to any plan year of an offering employer, any employee—
(A) whose required contribution (as determined under section 5000A(e)(1)(B) of title 26) 1 for minimum essential coverage through an eligible employer-sponsored plan—
(i) exceeds 8 percent of such employee's household income for the taxable year described in section 18082(b)(1)(B) of this title which ends with or within in 2 the plan year; and
(ii) does not exceed 9.8 percent of such employee's household income for such taxable year;
(B) whose household income for such taxable year is not greater than 400 percent of the poverty line for a family of the size involved; and
(C) who does not participate in a health plan offered by the offering employer.
(2) Indexing
In the case of any calendar year beginning after 2014, the Secretary shall adjust the 8 percent under paragraph (1)(A)(i) and 9.8 percent under paragraph (1)(A)(ii) for the calendar year to reflect the rate of premium growth between the preceding calendar year and 2013 over the rate of income growth for such period.
(1) Amount
(A) In general
The amount of any free choice voucher provided under subsection (a) shall be equal to the monthly portion of the cost of the eligible employer-sponsored plan which would have been paid by the employer if the employee were covered under the plan with respect to which the employer pays the largest portion of the cost of the plan. Such amount shall be equal to the amount the employer would pay for an employee with self-only coverage unless such employee elects family coverage (in which case such amount shall be the amount the employer would pay for family coverage).
(B) Determination of cost
The cost of any health plan shall be determined under the rules similar to the rules of section 300bb–4 of this title, except that such amount shall be adjusted for age and category of enrollment in accordance with regulations established by the Secretary.
(2) Use of vouchers
An Exchange shall credit the amount of any free choice voucher provided under subsection (a) to the monthly premium of any qualified health plan in the Exchange in which the qualified employee is enrolled and the offering employer shall pay any amounts so credited to the Exchange.
(3) Payment of excess amounts
If the amount of the free choice voucher exceeds the amount of the premium of the qualified health plan in which the qualified employee is enrolled for such month, such excess shall be paid to the employee.
Any term used in this section which is also used in section 5000A of title 26 shall have the meaning given such term under such section 5000A.
Source
- 2010–present42 U.S.C. § 18101The Public Health and Welfare · Repealed. Pub. L. 112–10, div. B, title VIII, § 1858(a), Apr. 15, 2011, 125 Stat. 168 · in this section