Flyboyjohn

I don't harbor much hope but I'll ask anyway: is there any way that a non-US citizen working in the US under an H2B temporary agricultural worker visa can be treated as an excludable non-resident alien with no US source income?

My understanding is/was that even pre ACA a typical cafeteria plan flexible spending account cannot reimburse an employee's "personal" health insurance premiums and the only way to accomplish that was through an HRA, am I wrong?

Can anybody point me to the citation for this rule? Client wants "proof" that they can't do this Thanks

Well I respectfully diasagree (sort of). It's correct that the 3rd page is optional Part B on the 2nd page includes a question on MV and affordability. Given that the purpose of the Notice is to inform employees of whether they might qualify for Marketplace subsidies the MV representation is necessary (and if you don't give it to them in the Notice they're coming back for it when they fill out their application). So I'm advising employers to hold the carriers feet to the fire (with counsel intervention if necessary) to provide a certification of value. Fortunately in our area (Virginia) the major carriers have all buckled to the pressure and issued letters certifying their current pre-ACA products meet MV.

Assuming that Premium Reimbursement Accounts (PRA) or Health Reimbursement Accounts (HRA) or whatever you want to call reimbursing employees for their individually purchased health insurance is still income tax free to the employee would the rates of reimbursement be tested under old section 105(h)?

I'm looking for chapter & verse citation for what penalty might attach if an employer fails to provide the 10/1 "Marketplace Coverage" notice to all employees. I'm thinking it should be the now familiar $100/day/person for general ACA violations but since it originates under FSLA I can't seem to get it there. Thanks

To Bill Presson and K2retire I appreciate your responding and would enjoy the opportunity to talk to you further if you'd be willing. I'm also reviving the topic in case others care to chime in. Thanks

Correct except for the year that the previously unrelated employers became part of a controlled group

You'll want to look at 42 USC Chapter 6A (Public Health Service Act), Subchapter XXV (Requirements Relating to Health Insurance Coverage), Part A (Individual and Group Market Reforms), Subpart 2 (Enforcement), section 300gg-22 $100/day/participant with exceptions/limitations

I is "cousel" but looking for a template rather than starting from scratch (lazy), thanks

What vendors do folks use and recommend for health plan documents and SPDs that are ERISA compliant? I know SunGard offers a "wrap" plan package but doesn't offer the underlying plan doc Thanks

No exclusion of young, Marketplace ineligibles from the count for the "no coverage" penalty, just like there's no exclusion for employees over 400% FPL, covered by spouse, covered by Medicare, Medicaid, Tricare, etc. even though they can't get Marketplace subsidies. In theory you can purposely fail to offer coverage to all your "Marketplace ineligibles" (no matter what % of workforce) but would IMHO be very risky

I'll offer up a horseback opinion. You file a 5500 for each "plan". Due to the wrap document you have a "plan" that provides multiple benefits, some of which if in a separate plan would not require 5500 filing, but because they've been wrapped into this single plan they should all be reported. Agree that severance plans are reportable employee benefit plans.

Employer/Plan sponsor was defined as both the LLC and S corp but LLC did not sign on as an additional participating employer. Both entities made maximum DC contributions based on compensation during the portion of the year they were the employer. New EIN obtained for S corp. Do these additional facts change anybody's comments? Thanks

During CBA negotiations certain union-member employees become elgibile for 401k plan and make contributions. When CBA is finalized a few months later it's made retroactively effective to a date prior to when the union employees made contributions so they're now "retroactively" excluded. Can we (and must we) distribute the interim 401k deferrals? Is this a VCP type of event? Could we just amend the plan to override the union exclusion for the interim period? Thanks

Employer operates as an unincorprated LLC for 10 months of 2012, incorporates as S corp for final 2 months and adopts plan in December retroactively effective as of 1/1/2012. We assume it's correct to prorate the 2012 employer contribution between the 2 entities based on employee compensation from each. Our main question is how we reflect the 2 entities in the plan document, is it as simple as just defining "employer" as both the LLC and S corp?

My understadning is that health insurance agents/brokers will be compensated for policies they sell through the individual marketplace/exchange. Does anybody know: Will the rate of compensation be set by the individual insurers or by the marketplace overseers (so that comp is uniform and no bias towards particular products)? And whether the comp will be a % of premium or fixed, flat dollar amount per insured? Thanks

New client has 2001 GUST IDP with DL but nothing after that. Can we use our VS document for their EGTRRA restatement and late amender VCP filing? If so, can we consider the post-EGTRRA interim amendments that we've done as VS plan sponsor as already "attached" to our VS Adoption Agreement or does the client have to separately execute the interims? Thanks

Irrespective of the legal technicalities I propose that the important thing is that the outbound and inbound plans are consistent in their 5500 reporting. For example if I merge a plan into another on 12/31 I want to be sure the outbound plan 5500 reflects the same amount of "transfer out" as the inbound plan 5500 reflects as "transfer in".

Another approach is to file an unnecessary "final" 5500 with Code 4R (to avoid having to respond to non-filing notices)

I'd very much appreciate the opporutnity to talk to any traditional 401k TPAs who are expanding into health plan compliance services as a result of ACA and what their experience has been to date. If you're willing to give me 15-20 minutes of your time for a phone call please reply to JMPeterson@KaufCan.com All responses will of course be held in strict confidence. Thanks

No

I'm striking out with Google, LindedIn, Facebook, so turning to this group for any help, thanks

There are other assets and PS58 costs were reported/paid. My questions: Is the entire $30,000 in Box 1 (gross) and onyl $10,000 in Box 2 (taxable)? And what 1099-R distribution code? Any chance the insurance company will issue the 1099-R? Thanks

Plan owns a $30,000 face amount life insurance policy with a cash value of $10,000 immediately prior to death Trustee receives $30,000 proceeds and distributes to plan death beneficiary (decedent's children) Is the taxable amount $10,000, does the Trustee issue a 1099-R and if so what code applies? Thanks