GBurns

stevena1 Do the particpant and probably many other NH patients a favor. Call the state dept that handles Medicaid and tell them what happened and see what they say. I have seen and heard of too many NH Medicaid and Medicare rip offs . This does not smell right to me. And you will now have the opinion of someone whose dept has enforcement authority.

Since it is a partnership, an expense related to employees or employer contributions should be expenses of the business entity not the partner. But really I find the post confused/confusing.

They never asked for the overpayment at any time in any way. They refused to address the issue of correct account balance or the request for distribution. All they ever asked for was that the check be returned or for restitution in the amount of the check.

Section 79 governs life insurance. A section 162 arrangement is not life insurance and neither is a split-dollar arrangement. Section 162 and split-dollar arrangemnts are funding methods. The problem with your conclusions is that your definitions are wrong.

Bear in mind that at the time there was a dispute about missing contributions. The payment was made without resolving that issue. I requested the account balance not knowing the amount and they sent what they sent. How they calculated that amount was not known. When asked to return the check they still did not know what the amount should be, which raised the question of How do they know that the amount was wrong and not know what was correct. Also they could and would not give a time frame for replacing the check. My choice was to either let them hold the money indefinitely or I should hold the money until resolved. If they had not immediately placed the stop payment I probably would not have gone through the process in the manner that I did but they started the fight. The stop payment had actually been placed before the telephone conversation. The fact is that the court found that they acted in bad faith etc. To some, my ethics might be questionable, but why should I have left myself at their mercy indefinitely? I do not recall that any time during 2 years of court, that they ever came up with or presented a final figure. All they ever did from the start was to want the check back and to **** with my request and my balance.

It is the UK Government list. It was given by someone in the other related thread.

I got to keep the funds and they paid most of my legal fees, which were minimal. After the initial few hearings my attorneys were of counsel only. I represented my self.

Isn't the question whether he is eligible participate rather than whether he can defer ? It seems like 2 clearly different issues to me. You can't decide deferral issues until participation is first resolved.

Since this is under a government contract how can this method of handling hours and job classification satisfy the Service Contract Act benefits requirement ?

The HMRC list of participating custodians includes: Ambernard SEP-IRA National Financial/Fidelity Premiere Select SEP-IRA Lincoln Life But you are correct, researching tax treaties does not seem to make any sense since the names of the custodians are available. Why not just ask the custodians who use the term IRA ?

I personally find this thred very amusing and it brings back memories. To add to mjb's thoughts: A few years ago after a heated dispute over my 401(k) balance concerning my ex-employer's plan remittances etc etc, I requested a direct distribution of the total account balance. I picked up the check late one afternoon and to my great surprise the amount was about $ 25,000 too much. Then I learned that they had called me right after. When I returned the call I was told of the error and was asked to return the check. I asked what was the correct amount and was told that that had not yet been determined and that they did not know when a replacement check would be available. Having had similar experiences before I decided to keep the check then argue. Possession is 9/10th of the law came to mind. The next morning I was at the bank before it opened. I cashed the check while they were receiving a stop-payment request. I had an old account and personally knew people at this bank branch, so I was given the tip. I then walked across the street to Merrill Lynch and made a deposit of slightly less than the amount of the check. I then drew a check on the ML account for more than that amount and deposited in in a Business account as a loan to the corporation. I created loans documents etc. The Trustee filed suit and requested a Writ of Replevin and the battle started. The Writ was immediately denied and the judge went to great length to explain why the co-mingling of funds prohibited granting the Writ. He said that the law required that the exact funds be identifiable and/or in my possession. They then tried Fraud and I think Unjust Enrichment, but were unsuccessful. The Court found that I made no effort to get t he funds, I had no clear means of knowing how much I was supposed to get, that I had made reasonable efforts to find out but was unsuccessful and placed the burden of the error on the Trustee as contributory negligence. The only concern that I had was when they brought up a previous case where I had done soomething similar with a customer who did not want to pay for merchandise they had received and had shipped out of the country. I found a humorous similarity to mjb's explanation.

Don Many issues overlap or intertwine. For example ERISA 702 and other sections were added by HIPAA. How can you have any serious discussion if you only address one and exclude even passing reference, or note of another, especially if referenced by the one that is being immediately discussed ??

Boys just wanna have fun, too.

Lindsey All you had to was use the search function that is on the page: http://www.irs.gov/businesses/internationa...=169552,00.html

Just call those US firms on the list and ask them.

It is not the carriers policy, that was the Pennsylvania Code. They provide the info, not if they choose, they provide the info because the law says so. Groups whether arge or small are made up of individuals. It is a simple merging of individuals that creates a group. Merging data is a simple computer operation. I did not give an exact cite before (although I made reference more than once), simply because information such as applicable law would have been something that a rational person would have researched first before starting a discussion and argument. I made the assumption that you were rational and had some basic knowledge. Carriers do not use diagnostic codes alone, they use diagnostic codes (ICD) AND procedure codes (CPT). Carriers are not the originators of claims they are the recipients. The initial coding is done by the claimant whether Dr, Pharmacy or other service provider. What are "claims codes" ? What are "billing codes" ? There was no "billing code problem" to get past. As far as I know provider billing and claims adjudication has been standardized for years and everyone in each sector uses the same forms (used to be HCFA 1500 for Drs) and everyone uses the same ICD-9 and CPT-4 codes for billing and claims etc.

I don't have to because I just recently received another check from a client for performing a particular claims review and reconciliation on a group of 32 lives in PA. Highmark is the insurer. You might want to read the Pennsylvania Code 146b.11(b). This addresses privacy of health information in general. I do not have readily available their small group info or Unfair Business Practices info. It is only illegal to use the individual claims experience to determine the premium rates for community rated groups. Can you cite any statute or anything else in any state to support your statement ?

Xtitan I do not understand "that was my conclusion too". That your definition and understanding of what is a section 162 Bonus arrangement is wrong ? or What ?

Quicksilver It would be good if you read your own posts. Your last post clearly states " provided such reimbursement is provided as a benefit separate from the Health FSA". It cannot be done through an FSA and your cite in your own post says so. Since you apparently are hell bent on getting someone to say that the fee is insurance, I suggest that you do a Google search using terms like "doctor's contingent fees IRS" (without the "") and see the many discussions of the reasons why it is not insurance etc and the IRS position. I see no transfer of risk nor any difference from most health club dues.

How can the premium issue be open if the FSA issue is No ? I expect that many of our TPA and FSA experienced readers will not agree with you on stocking up, but let's see. Knowing what comptitors are doing is good, but that does not mean that copying what they do makes sense.

Quicksilver You miss the point in Pub 592. "bandages used to cover torn skin" implies that the skin is currently torn as opposed to "might or will" be torn at some time in the future. As for Dr. Bob you certainly are free to accept the tax issue recommendation that he gives, but I certainly would not be taking such advice from him. Why would you think that a medical doctor who is trying to sell you something that he will make money on, is a good source for tax advice or employee benefits advice ? IMHO, the fee is not for "medical care" so it is not reimburseable. Further if it is an "insurance premium" I doubt that even the new Proposed Treas Regs allow such reimbursement through an FSA. It might be deductable on a 1040 but not reimbursed through an FSA or HSA.

I think that leevena meant Not insurance premiums. Notice the use of "nor" following the words. Where did you find that band aids and OTC items that are being kept until you need them (reserve stock) are reimburseable under an FSA ?

I see a waste of good money. One of the main reasons for poor participation in FSAs is the "use it or lose it" rule. Poor participation as in few employees (avg seems to be around 30%) and low contributions (avg seems around $300). I do not have at hand the avg forfeiture rate and amount but I recall that it is over 25%, but one of our TPA members should be able to give you better figures. So if this location has 100 employees only 30 would participate for $ 9,000 per year. With a match the total would be $ 18,000. At a 25% forfeiture rate the plan would "lose" $ 4,500 per year of which $ 2,250 would be from the employer. It would be of very little help except to the forfeiture account. What are you trying to accomplish that could not be done with a plain old 106 MERP ?

Retiree medical and long term care costs can be funded with excess pension plan assets. I suggest that you use experienced competent help for proper design.

There is no individual coverage and no individual premium.