Lois Baker

Looks like that thread was deleted by the individual who first posted the question. It's a good topic -- feel free to start a new thread. (Only the original author and the moderators can delete a thread, so as long as it stays relatively on-topic, you have control if you start the discussion.)

Here's one path through the maze: From the chart summary, FSAs are subject to the PCORI fee " unless the arrangement satisfies the requirements for being treated as an excepted benefit" From the definition of "excepted benefits" (athttps://www.ecfr.gov/current/title-26/chapter-I/subchapter-D/part-54/section-54.9831-1#p-54.9831-1(c)(3)(v)): (v) Health flexible spending arrangements. Benefits provided under a health flexible spending arrangement (as defined in section 106(c)(2)) are excepted for a class of participants only if they satisfy the following two requirements - (A) Other group health plan coverage, not limited to excepted benefits, is made available for the year to the class of participants by reason of their employment; and (B) The arrangement is structured so that the maximum benefit payable to any participant in the class for a year cannot exceed two times the participant's salary reduction election under the arrangement for the year (or, if greater, cannot exceed $500 plus the amount of the participant's salary reduction election). For this purpose, any amount that an employee can elect to receive as taxable income but elects to apply to the health flexible spending arrangement is considered a salary reduction election (regardless of whether the amount is characterized as salary or as a credit under the arrangement).

Related thread?

Interesting question -- would be a great resource for our readers. We haven't run across anything definitive in years -- Groom Law Group used to publish a summary periodically, but the most recent I can find is 2012: https://www.groom.com/wp-content/uploads/2017/09/1177_401k_Fee_Cases_Chart_9_25_12.pdf

Here are some additional resources.

From draft IRS Publication 15-A (released January 13): "Although the final redesigned Form W-4P and new Form W-4R are available for use in 2022, the IRS is postponing the requirement to begin using the forms until January 1, 2023. Payers should update their system programming for these forms and are encouraged to begin using them in 2022 as soon as programming is in place but may otherwise continue to use the 2021 Form W-4P in 2022."

IRS has released Form W-4P for 2021 Revised Form W-4P for 2022 New Form W-4R for 2022 Ascensus is reporting that the IRS has postponed required use of the two new forms until 2023 (i.e., the 2021 form an continue to be used until that time). Instructions for the 2021 W-4P do say that an election using that form will continue to be in effect until a subsequent form is submitted; I don't see anything else in any of the instructions that mentions any other delay in effective dates.

From the Pension Rights Center:

Yes, sent out to our Retirement newsletter subscribers at 3:25: https://benefitslink.com/newsletters/2021/2021_11_04_retirement_bulletin.html (Newsletter includes a link to the IRS Notice, along with a list of highlights)

As of this afternoon (11/3), IRS has not released the official 2022 limits. We've published a couple of solid estimates, but of course those aren't official. See, e.g., https://www.mercer.com/our-thinking/law-and-policy-group/mercer-projects-2022-retirement-plan-limits-will-soar.html

Also additional DOL proposed changes for reporting, and for summary annual reports (SAR), with comment request: https://www.federalregister.gov/public-inspection/2021-19713/annual-reporting-and-disclosure And detailed Fact Sheet outlining the changes: https://www.dol.gov/sites/dolgov/files/EBSA/about-ebsa/our-activities/resource-center/fact-sheets/secure-act-and-related-revisions-to-employee-benefit-plan-annual-reporting-on-the-form-5500.pdf

Would those fall under the CAA's mandatory (and automatic) 60-day IRS extension for all federally declared disasters? Regulations finalized in June list the items covered: https://www.federalregister.gov/documents/2021/06/11/2021-12311/mandatory-60-day-postponement-of-certain-tax-related-deadlines-by-reason-of-a-federally-declared

This might be relevant here: https://www.federalregister.gov/documents/2021/06/11/2021-12311/mandatory-60-day-postponement-of-certain-tax-related-deadlines-by-reason-of-a-federally-declared

4th Circuit just ruled on that -- see https://benefitslink.com/news/index.cgi/view/20210811-166919

Never.

Mike - I just checked the spam settings, and tweaked a few. Flagging a spammer will now hide all of their content, and block them from submitting any more. You shouldn't need to delete individual posts if you flag the entire account. Hopefully that will do the job for these types of posts.

Permission granted, Mike - please do, and we'll be sure to dig into the back end over the next few days. Thanks so much for being on top of this!

This is correct -- only one email address is stored for each profile. If you do need to reset your password, and don't have access to the email address on the account, we can change the email address from the back end -- just let one of us know, either by PM here or by email to manager@benefitslink.com Also note that, if we do find an email address is no longer working (e.g., we see a bounce message for email sent to that address -- from the message board, or a newsletter or other publication), we'll flag the account so that the email address must be either confirmed or changed at the next login attempt.

This article (included in yesterday's Retirement Plans newsletter) might be of help: https://retirementlc.com/what-makes-a-plan-an-electing-church-plan/

IRS just issued Notice 2021-31 (41 pages, 86 Q&As) -- which does address this question (Q&A 77, page 36): https://www.irs.gov/pub/irs-drop/n-21-31.pdf

So sorry to hear about your mom, Tom -- but delighted to hear that you're doing well. "Erasing all pension knowledge" sound like nirvana (although we do miss your contributions here). So good to hear from you -- be well!

Never banned, Tom -- you're always welcome here ... because of jokes like this. 😀 How's life on the other side?

Are you using a VPN? (Haven't used PAA, but have seen this sort of problem with other websites.) If so, maybe try turning it off?

Rev. Rul. 74-307 1974-2 C.B. 126 -- which is only available as a scanned (PDF) of the entire print volume. It's huge, but it's here: https://www.govinfo.gov/app/details/GOVPUB-T22-ee2c4caebb24235e8dfb1a5ff7ced434/context

You might look through the list of resumes posted by candidates to see if any are looking for the type of work you describe -- we do see a few on occasion, but I'm not sure whether any such are active right now. Generally, we do charge for full access to resumes, but as with the entry-level job postings, I'd be happy to work with you on this one. If you find any listed that might be worth pursuing, send me a PM or email and we'll go from there.