Dave Baker

One of the things I wish I had done differently in my career (though I ain't dead yet -- age 55, which means I have quite a ways to go per the IRS life expectancy tables) would have been to establish a relationship with an older man in my field, to whom I could turn for advice on a regular basis... someone to pass along "Here's what I would have done differently..." kinds of tips and guidance. As I've grown older, I've been surprised at how few younger people understand the benefit of such a relationship. I know I didn't, though I fancy myself to have been a fairly bright young salaryman such that I should have known better. About a month ago, I said to a personable young employee benefits attorney that I would be happy to hear from him and to pass along information or advice about being a practicing attorney. He sorta smiled, took my card, and hasn't contacted me since. Actually, it's happened twice recently. Dumb. (Says I, to my younger self.) Has this been your experience, fellow grey-heads?

It's a problem for me, too, with the latest version of Mozilla Firefox (v.29, on Windows 7). My right-click menu doesn't have a Paste option on it, the way it usually does when I right-click inside an input field on forms on other web pages. Instead, the right-click menu is the same one that appears when I right-click on any part of a standard web page. Instead of using right-click, though, I am able to paste by hitting Control-V. But the Control-V alternative wasn't working for Belgarath, who is using Internet Explorer. I was able to confirm that the issue arises from the way the window is being created "on-the-fly" by Javascript. In a sense, the windows isn't "there" in the HTML of the web page, until Javascript draws it. If I change my browser's settings so that Javascript is disabled, the message board software falls back to displaying a nice, simple window into which I can paste using the usual right-click (or control-V) technique. Nowadays most web sites use Javascript for navigation and all sorts of functionality, so disabling Javascript completely isn't a good solution. I like the idea of using the top-left-icon in order to temporarily switch off the formatting functionality (bold, italic, etc.), then paste, then turn it back on (if I want to make certain words bold, etc.). Thanks!

Haw! Tom, I think of that day every single time I go through Jacksonville ... racing like a bat out of hell from Orlando to make the Jacksonville noon pension meeting, because Kinko's in Orlando didn't have the outlines ready for me to pick up at the promised time but instead already had put them into the hands of poor deliveryman Walt, who took the brunt of my frustration when he finally showed up at my office.

Thanks so much, everybody! Actually, I am confused. BenefitsLink is only one year old; my son is only 2; I am only 37; Lois and I have been married only 5 years; Ross Perot is saying some interesting things and may be a factor in whether Clinton is re-elected; I am having the time of my life running a "web site" and making speeches around the country explaining "e-mail" and its possibilities for keeping pension administrators in touch with their clients; one day I might even shut down my solo law practice entirely, if employers are willing to pay more than $25 for each ad on the site's new job board. (This new "Monster" web site with its logo on blimps floating around Orlando must be successful.) I just paid $500 to have some tech guru set up a "bulletin board" on my web site, and it's attracting some attention from practitioners. It is great to be young; I will never grow older; retirement savings is a neat idea for a deduction, but something I'll probably never tap ... there's an exception from the 10% additional tax if the participant is at least age 55? Might be interesting to some old guys, but to me it's only a line in the Internal Revenue Code at this point. Gotta go -- Joey's throwing a tantrum about something.

Just received this press release and wanted to share it -- rejecting the assumptions behind the Zane Benefits product: COMPLIANCE NOTICE: Individual Health Plans as Employee Benefits Under the Affordable Care Act (ACA) Released on September 13, 2013, IRS Notice 2013-54 addresses the viability of individual health insurance plans as a tax-advantaged employee benefit under the Affordable Care Act (ACA). Unfortunately, the news was not good for employers wanting to offer such plans to their employees: the IRS determined that such plans are prohibited under the ACA. While AmeriFlex is disappointed in the ultimate outcome of the Notice, keeping our brokers, clients, and partners in compliance with evolving regulations remains our top priority. As our team has received multiple inquiries requesting clarification of this issue, we would like to take this opportunity to provide some additional information that will hopefully help set the record straight. The following arrangements and/or plans are now prohibited under the Notice: Arrangements whereby an employer reimburses employees for individual health insurance premium payments (sometimes called "premium reimbursement arrangements"). Premium-only (or "POP") plans through which employees can pay for their individual health insurance on a pre-tax basis. Any other arrangement or plan through which an employee's individual health insurance premium is reimbursed or subsidized by the employer in a tax-free (or otherwise "tax-favored") manner. AmeriFlex has deemed the Notice unambiguous when it comes to its language on this subject. Our stance was confirmed by an IRS official who declared it "very clear" at the 2014 Annual Conference of the Employers Council on Flexible Compensation (ECFC). While we acknowledge that some regulations do leave room for more "aggressive" interpretations, this is not the case here. These sorts of arrangements and plans are strictly and explicitly prohibited under the ACA. A few other misconceptions with regard to this issue have been brought to our attention since the release of the Notice, which we would also like to address: The prohibition is NOT limited to individual health insurance plans sold on the "exchanges" or "marketplaces." It applies to ALL individual health insurance plans. For the purposes of the ACA, these sorts of arrangements and/or plans are considered (pursuant to the Notice) to be "group health plans," even though they are comprised of individual health plans. For the reason stated above, the ACA's prohibition on annual limits DOES apply to these arrangements and/or plans (which the Notice refers to collectively as "Employer Payment Plans"). AmeriFlex hopes this information is helpful to our clients and partners with regard to this critical issue. If you have any additional questions, or would like further clarification, you are welcome to contact our compliance team at compliance@flex125.com. AmeriFlex Business Solutions 888.868.FLEX (3539) www.flex125.com

The IRS this afternoon issued IRS Notice 2014-19 (click): Application of the Windsor Decision and Rev. Rul. 2013-17 to Qualified Retirement Plans (PDF) 7 pages. Excerpt: "Whether a plan must be amended to reflect the outcome of Windsor and the guidance in Rev. Rul. 2013-17 and this notice depends on the terms of the specific plan ... If a plan's terms with respect to the requirements of section 401(a) define a marital relationship by reference to section 3 of DOMA or are otherwise inconsistent with the outcome of Windsor or the guidance in Rev. Rul. 2013-17 or this notice, then an amendment to the plan that reflects the outcome of Windsor and the guidance in Rev. Rul. 2013-17 and this notice is required by the date specified in Q&A-8 of this notice... If a plan's terms are not inconsistent with the outcome of Windsor and the guidance in Rev. Rul. 2013- 17 and this notice, an amendment generally would not be required. If no amendment to such a plan is made, the plan nonetheless must be operated in accordance with the provisions of Q&A-2 of this notice.... [if] a plan sponsor chooses to apply the rules in a manner that reflects the outcome of Windsor for a period before June 26, 2013, an amendment to the plan that specifies the date as of which, and the purposes for which, the rules are applied in this manner is required.... The deadline to adopt a plan amendment pursuant to this notice is the later of (i) the otherwise applicable deadline under section 5.05 of Rev. Proc. 2007-44, or its successor, or (ii) December 31, 2014."

Indeed. One in three children is overweight or obese, says one report.

I dunno; only the kids at the ends are affected, so that means most (3 out of 5) are in fine shape, Fore!

I've just learned the sad news that Kirk has died. Here is the text of an email I just received (3/4/2014): --- This is to let you know of the passing of our friend. He died Saturday afternoon at his home. He lived a full and rewarding life, enjoying his kids, Adriana and Robby, to the end. We will remember his strength and intellect. We truly cherish the time he shared with us. Kirk had requested that there be no memorial or other service. Kirk was an ardent supporter of medical research. If you wish, please, donate to this cause in his memory. If you need to contact the family or friends: Leslie Horne artwinfun@gmail.com Howard Nation lhoward.nation@gmail.com ---

Dear message board users, Just a note to say that several folks asked me whether the post by FRAPlanTools ought to be considered advertising, which we don't allow on the boards. I think that a vendor's post is OK when it's in response to another user's request for a recommendation (rather than an unsolicited post) as is the case here, or when users are discussing vendors and products (in which case it seems fair and very useful for a vendor to throw its hat into the ring with a post about its product). Post a reply message here if you think differently. Thanks!

Though we have a reliable projection provided to Carol Calhoun by Mr. Tom Poje of DCS Retirement Group!

Thanks! This is an important document. I enjoyed your analysis.

Carol, does the IRS document contain a date authored?

Thanks, masteff! Nuked 'em.

Just a note to say thanks to all the folks who are reporting spam posts. Happily, only a few are being posted each day, and we're able to nuke them within a matter of hours and sometimes only minutes. To report a posted message that you believe is spam, click on the "Report" link that appears towards the lower-right corner of that message. The result is you'll be able to send a private message to the Moderator of that message board. The moderator then has the ability to delete the message. Your report also goes to the Super Moderators and to me (Administrator, Czar, Potentate, etc.), so there are additional people who are able to delete the message. It is rare that a spam post lasts long, due to all of those watchdogs. Thanks!

http://benefitslink.com/links/20121212-099763.html (click on the title of the article, "IRS Eliminates Form 5500 Proposed Penalty Notices")

Certainly is a mess. http://www.govexec.com/pay-benefits/pay-benefits-watch/2013/01/mass-confusion-over-mass-transit/60568/ "[T]he legislation makes the increase retroactive to Jan. 1, 2012, leaving many people confused as to what that means, practically speaking. It’s still not clear what the retroactive portion of the provision means, so the Obama administration (most likely through the Internal Revenue Service) will have to issue guidance clarifying the situation. Employers with participants in the program who made both pre- and post-tax elections likely will be able to recalculate pre-tax elections back to the retroactive date, said Jody Dietel, chief compliance officer for WageWorks, a California-based company that provides tax-advantaged programs for consumer-directed health, commuter and other employee spending account benefits, by email. 'The solution is not as clear for those employers handing out transit passes or who did not have after-tax elections,” said Dietel, whose information was based on “informal interaction with IRS and Treasury.'"

I am "locking" this topic because its messages pertain to a feature that has been replaced. (The "View New Posts" link described above has been replaced by a "View New Content" link on the upgraded version of the message boards.) If you have trouble, questions or other comments to share about the new "View New Content" link, please begin a new message thread -- i.e., use the Start New Topic button on this particular message board. Thanks!

I think you'll be very impressed with the way the message boards now work on your smartphone's web browser due to the recent software upgrade. The software running the message boards will detect that you're using a smartphone to view the messages, so it will reformat and display the messages in a very user-friendly way for your small smartphone screen. You can log in via smartphone the same way you'd log in with your office PC (with your email address or username, and your password). Then the New Content button will work on your smartphone just as if you were sitting down at your office PC and you clicked on View New Content link! In effect your smartphone knows the date and time you last visited the message boards on your office PC. The URL of the message boards is unchanged. Just enter it manually into your smartphone's web browser: http://benefitslink.com/boards Tip: bookmark that URL on your smartphone, once it opens the page. Or, once you've clicked the New Content button, you could bookmark the resulting page, which means you'll have one-click smartphone access to newly added content. Kewl.

I have pulled some levers. The "Like This" button is now working. Thanks, Denise!

MWeddell -- THANKS for this great tip! Mike Preston, thanks very much for pointing out the display issue. I have found and set an administrative option that has changed the date display to include the time at which the last message was posted. Good idea!

Given the law of behavioral thermodynamics that says life moves to the state of highest irony, the upgrade to the message board software (from ancient version 2 to version 3) was done on a PDQ basis due to potential security issues that needed to be patched. I received an email from the vendor. I am so sorry for not providing advance notice to you of the change. While the security issue has been patched, it appears that spammers turned their attention long ago from the more rarely used version 2 to the currently widely used version 3. Hence we've seen an increase in the number of spam messages posted by "users" who register for that sole purpose. The game is to put into the message links to the spammers' sites. The links are designed to take people to the spam sites but also to get Google points for the spam sites due to the incoming links. Happily their game is not to post porn or malware on the message boards. (Prevention of malware is the vendor's security primary focus, and has been 100% effective due to the monitoring and support of thousands of sites that use this message board software). So these spam posts are basically just a nuisance to our users. The new version of the software is tied into a network run by the vendor that catches most of the spammers before their registration can be completed. It's a database that gets checked automatically during the registration process. Moderators have the ability to delete these posts, using a "Delete" link that appears towards the lower-right corner of each post. Also, all registered users have the ability to click on a "Report" link in that same vicinity, which sends an email to the moderator and to me. Also, moderators have a one-click ability to nuke the spam user's registration (preventing future posts) and to delete all messages posted (on all of our message boards) by the spammer. Moderators, hover your mouse over the name of the spammer (in the top left corner of each post). You should get a pop-up menu with a little icon that has a yellow flag and a "plus" sign. When you hover over it, you should get a tooltip that says "Flag as Spammer." One click on that icon makes a pretty mushroom cloud. Thanks for your patience with the new version! It has some awfully nice features, although everything takes getting used to, and everybody hates change (me, too). I'll try to spend more time describing some of the new features. (Unfortunately the vendor has not published a nice v2 to v3 comparison chart.) Moderator Denise Appleby has done some wonderful work already in this regard.

Yikes. Are these coming to you via your Personal Messenger? Or are they emails? Dave

No, although this method comes close: * Use the View New Content link, which produces a list of the threads that contain new content. * Each item in that list includes (towards the right-hand side) the user name of the person who posted the most recent post in that thread and, immediately under that user name, the date of the post. * Click on that date (not the user name). This brings up a view of that particular post. This method works perfectly for those message threads onto which only one new post has been added, but when a message thread has had more than one new post added then it wouldn't take you to the first new post in that thread (just to the last-added new post).

Did you mean the "View New Content" link?