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Loan & Distribution Specialist AimPoint Pension
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Bates & Company, Inc.
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Defined Benefit Combo Cash Balance Compliance Consultant Loren D. Stark Company (LDSCO)
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Text of Supreme Court Opinion: Risk Corridor Payments Must Be Made to Health Plan Insurers (PDF)
Supreme Court of the United States Apr. 27, 2020 43 pages. "[C]ontrary to the Government's view, Section 1342's obligation-creating language does not turn on whether Congress expressly provided 'budget authority' before appropriating funds.... [T]he Government contends that the existence and extent of its obligation here is 'subject to the availability of appropriations.' ... But that language appears nowhere in Section 1342, even though Congress could have expressly limited an obligation to available appropriations or specific dollar amounts. Indeed, Congress did so explicitly in other provisions of the [ACA].... [T]he plain terms of the Risk Corridors provision created an obligation neither contingent on nor limited by the availability of appropriations or other funds.... The next question is whether Congress impliedly repealed the obligation through its appropriations riders. It did not." [Maine Community Health Options v. U.S., No. 18-1023 (S. Ct. Apr. 27, 2020)] |
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