Eligibility and Enrollment

Individuals Not Eligible

You are not an Eligible Employee, regardless of your age or years of Continuous Service, if you are:

• An employee of a Non-Participating Employer;
• Subject to a collective bargaining agreement, unless that agreement specifically permits employees subject to the agreement to participate in the Plan;
• Employed by the Company outside the U.S., unless despite working outside the U.S. you are paid through a U.S. payroll and receive U.S. benefits;
• A nonresident alien who receives no U.S. income from the Company;
• An employee who transferred to employment with the Company from employment with an Affiliate located outside of the U.S. and continues to be covered by a retirement plan of such Affiliate;
• Classified or considered by the Company as a “leased employee,” “independent contractor,” “consultant,” “temporary worker,”* “contract worker,” “special worker,” “project worker,” “on-call,” “freelance worker,” or “intern”* as evidenced by the payroll practices or records of the Company, or by a written or oral agreement or arrangement with you or with another organization under which you are regarded as an independent contractor or the employee of someone other than the Company (such as a leasing organization). If you are in one of these classifications, you are not an Eligible Employee even if you may be treated as an employee under common law principles or your classification is challenged, changed, or upheld by the Company or any court or other governmental authority, and regardless of how you may be treated by the Company for other purposes (such as employment tax purposes, including the withholding of taxes under section 3401 of the Internal Revenue Code);
• Performing services for the Company under an agreement or arrangement with you or with another organization under which you are treated as an independent contractor or an employee of an entity other than the Company, in each case, regardless of whether you are treated as a common-law employee or such treatment is subsequently challenged or changed by any court or governmental authority;
• An individual who performs services for the Company under an agreement or arrangement with you or with another organization that provides your services to the Company, that states that you are not eligible for participation in the Plan;
• Acting only as a member of the Board of Directors; or
• Acting only as freelance talent or talent hired on a fee-per-occasion basis.

* Important Note for Acquired Employees who are employed by CARFAX, Inc.: Notwithstanding the above, if you are classified as a “temporary worker” or an “intern,” and you were enrolled to participate in the IHS Markit 401(k) Plan on or after January 1, 2020, you were eligible to continue to participate in the Plan until December 31, 2023, or until you subsequently moved into an Eligible Employee category and you elect to participate.