Retirees: Less ACA Rhetoric, Please

November 5, 2013 (PLANSPONSOR.com)  Retirees want more unbiased information—and less political grandstanding—on the Affordable Care Act (ACA), a survey shows.

In fact, nearly nine in 10 retirees (88%) who responded to the Center for a Secure Retirement’s recent survey, “Middle-Income Retirees Weigh In on the Affordable Care Act,” said they want to hear less political rhetoric regarding the ACA. A similar percentage (84%) wants more “unbiased information” to understand how the Act’s ongoing implementation may affect them.

The survey found the most popular features of the ACA include the following: It eliminates pre-existing condition exclusions for insurance policies (68%); offers a free Medicare annual wellness visit (60%); and includes initiatives to make Medicare more efficient (60%).

Get more!  Sign up for PLANSPONSOR newsletters.

Half of all retirees (52%), on the other hand, say the law’s worst aspect is the requirement forcing individuals to own health insurance or face a penalty. Other negative aspects of the law for current retirees include expanding Medicaid coverage (27%) and a requirement that certain employers pay subsidies when not offering health care (26%).

Looking at the ACA as a whole, 49% of retirees reported not feeling confident in understanding how the Act affects them personally. Slightly less than one-quarter (23%) of retired respondents said they are confident or very confident in that respect.

One potentially troubling figure described in the survey shows a more pronounced lack of confidence among women in understanding the ACA. Three times as many women reported they are not confident in understanding the ACA compared to those that are confident, clocking in at 56% and 17%, respectively. 

Among the least understood individual provisions of the ACA are two that may significantly impact retirees. One in six retirees are “not familiar” with the fact the ACA caps health insurance premiums for older people relative to rates for younger people (18%). Also relatively unknown is that the ACA will close the so-called Medicare Part D prescription drug donut hole (18%).

One in four (27%) middle-income retirees ages 55 to 64 who do not receive any type of government insurance coverage report either having purchased their own private health insurance policy (15%) or being uninsured (12%).

In fact, a greater total percentage of retirees ages 55 to 64 find themselves to be potential beneficiaries of state health insurance exchanges (27%) than the percentage of the working population (23%).

Additional survey findings and methodology details are available here.

(b)lines Ask the Experts – Leased Employees and 403(b) Plans

November 5, 2013 (PLANSPONSOR (b)lines) – “From time to time, we lease employees from a staffing organization.

“We write a check to the staffing organization, and the staffing organization handles W-2 processing, employment taxes, etc. It would be impossible for such an employee to make elective deferrals to our 403(b) plan; thus, we exclude such employees for elective deferral purposes, as well as for our match, which is tied to elective deferrals. However, I was recently informed that the final 403(b) regulations make no provision for the exclusion of leased employees! If this is correct, is this a “catch-22” situation for us where the law requires us to allow such employees to make elective deferrals to our plan, but we have no such mechanism to do so?” 

Michael A. Webb, Vice President, Retirement Plan Services, Cammack LaRhette Consulting, answers:

Get more!  Sign up for PLANSPONSOR newsletters.

Excellent question! The Experts agree that the final 403(b) regulations not only make no provision for the exclusion of leased employees, but the term “leased employee” is not mentioned in the final 403(b) regulations at all! Thus, for guidance in this area, we need to look elsewhere in the Code.

Section 414(n)(1) of the Code, which defines leased employees, generally states that such employees should be treated as employees of the entity leasing the employee, and NOT of the staffing organization. However, Section 414(n)(3) of the Code, indicates that such treatment only applies to the following Code sections:

(A) paragraphs (3), (4), (7), (16), (17), and (26) of section 401 (a),

(B) sections 408 (k)408 (p)410411415, and 416, and

(C) sections 79106117 (d)120125127129132137274 (j)505, and 4980B.

 

Do you notice a Code section that is conspicuously absent? Yes, that would be Code Section 403(b)! Thus it appears that leased employees are NOT employees of your organization at all for purposes of applying the universal availability and other nondiscrimination rules of the final 403(b) regulations. This is supported by the lack of reference of leased employees in the final 403(b) regulations; the drafters felt no need to craft a specific exclusion for leased employees, since leased employees are not considered to be employees in the first place for purposes of the application of the provisions of 403(b).

Of course, nonprofit employers should consult with counsel familiar with such matters to determine if their own particular use of staffing organizations permits such employees to be excluded from their 403(b) program for all purposes.

 

NOTE: This feature is to provide general information only, does not constitute legal advice, and cannot be used or substituted for legal or tax advice.
Tags
Reported by
Reprints
To place your order, please e-mail Reprints.

«

 

You’re viewing the first of three free articles.

 Subscribe to a free PW Newsletter! 

…subscribing gets you free access to PW’s online content!

If you’re a subscriber, please login.

Close