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-   -   You (all) lie! (http://www.lawtalkers.com/forums/showthread.php?t=848)

Adder 04-13-2010 10:10 AM

Re: You (all) lie!
 
Quote:

Originally Posted by LessinSF (Post 421118)
Most constitutional scholars who contend that it is unconstitutional do so on Commerce Clause grounds, see http://volokh.com/2010/04/01/pretend...ion-obamacare/ and links therein.

Ack! Let me just say that while I'm sure the Ilya Shapiro would gladly debate anyone, and would most certainly make with the lots of words and smugness stuff, but that anyone would choose to cite him as evidence of an informed position is beyond me. I know him and his work, and he is a hack.

He is also no law professor.

ThurgreedMarshall 04-13-2010 10:23 AM

FSAs
 
Quote:

Originally Posted by Adder (Post 421068)
Sorry, how do they lose on people that leave?

Let's say you set your FSA at $1,200 for the year. The firm starts deducting $50 per pay period to cover this amount by the end of the year. You get lasik for $1,200 January 1st. You are reimbursed by the firm for the full amount on January 15th. You leave the firm January 30th. The firm has deducted only $100 from the two paychecks they have issued you. They are out $1,100. They don't deduct the rest of the amount from your final paycheck.

On the flip, if you set your FSA at the same amount, planning on getting Lakik, but you wait until December to do it and then chicken out (or go on vacation and forget to get it done before the end of the year), the $1,200 that has been deducted from your salary is pocketed by the firm.

TM

sgtclub 04-13-2010 10:33 AM

Re: You (all) lie!
 
Quote:

Originally Posted by Atticus Grinch (Post 421129)
There's a shit ton of things the government has done wrong, both before and after the 2008 elections. Whether there is something wrong with it is beside the point. The question is whether it is a type of wrongness about which 51 Senators and 218 Reps have the final say on, or five SCOTUS members. Either make a case for unconstitutionality or, as I often do, cry about being in an electoral or policy minority. There is no third option.

Yea, that's about right. It's very sad. This country once stood on principals. Then it stood on the illusion of principals. Now even the illusion is gone.

Greedy,Greedy,Greedy 04-13-2010 10:36 AM

Re: You (all) lie!
 
Quote:

Originally Posted by sgtclub (Post 421136)
Yea, that's about right. It's very sad. This country once stood on principals. Then it stood on the illusion of principals. Now even the illusion is gone.

But I don't understand your principals.

Just what in the bill do you think is unconstitutional, or do you just think it SHOULD BE unconstitutional, even if the founding fathers forgot to include it. If the latter, there is an amendment process, but it's not easy and for good reason.

Hank Chinaski 04-13-2010 10:37 AM

Re: FSAs
 
Quote:

Originally Posted by ThurgreedMarshall (Post 421135)
Let's say you set your FSA at $1,200 for the year. The firm starts deducting $50 per pay period to cover this amount by the end of the year. You get lasik for $1,200 January 1st. You are reimbursed by the firm for the full amount on January 15th. You leave the firm January 30th. The firm has deducted only $100 from the two paychecks they have issued you. They are out $1,100. They don't deduct the rest of the amount from your final paycheck.

On the flip, if you set your FSA at the same amount, planning on getting Lakik, but you wait until December to do it and then chicken out (or go on vacation and forget to get it done before the end of the year), the $1,200 that has been deducted from your salary is pocketed by the firm.

TM

your old firm is unusual in advancing, i think.

Adder 04-13-2010 10:39 AM

Re: FSAs
 
Quote:

Originally Posted by Hank Chinaski (Post 421138)
your old firm is unusual in advancing, i think.

Having never done it, I don't know, but I would be surprised if my firm didn't take the money out of the last pay check.

Hank Chinaski 04-13-2010 10:41 AM

Re: FSAs
 
Quote:

Originally Posted by Adder (Post 421139)
Having never done it, I don't know, but I would be surprised if my firm didn't take the money out of the last pay check.

most big firms are way too disorganized for catching that.

ThurgreedMarshall 04-13-2010 10:43 AM

Re: FSAs
 
Quote:

Originally Posted by Hank Chinaski (Post 421138)
your old firm is unusual in advancing, i think.

I think you are wrong.

TM

Greedy,Greedy,Greedy 04-13-2010 10:50 AM

Re: FSAs
 
Quote:

Originally Posted by ThurgreedMarshall (Post 421141)
I think you are wrong.

TM

No advancing here, but I don't know how it works elsewhere. Here it is outsourced to a TPA.

Cletus Miller 04-13-2010 10:55 AM

Re: FSAs
 
Quote:

Originally Posted by ThurgreedMarshall (Post 421141)
I think you are wrong.

TM

2. I've had FSA thru 5 employers (counting wife's) and 6 administrators and *all* of them advanced FSA reimbursement dollars.

ps: May be distinguished by the use of a Plan Administrator. Never had an employer self-administer.

Hank Chinaski 04-13-2010 11:13 AM

Re: FSAs
 
Quote:

Originally Posted by Cletus Miller (Post 421143)
2. I've had FSA thru 5 employers (counting wife's) and 6 administrators and *all* of them advanced FSA reimbursement dollars.

ps: May be distinguished by the use of a Plan Administrator. Never had an employer self-administer.

I stand corrected. in fact it may be illegal to not advance.

I hate the FSAs. We were told they require no maintenance, and that running them would be invisible to my staff. then someone here had to spend a day calculating discrimination testing, and at the end of that it turns out it's not available to the top __% of the firm. I forget the % but it is high. highly compensated can use it for deductible, but nothing more. So since it takes staff time to run, it actually costs me money to let other people use it.

Greedy,Greedy,Greedy 04-13-2010 11:27 AM

Re: FSAs
 
Quote:

Originally Posted by Hank Chinaski (Post 421144)
I stand corrected. in fact it may be illegal to not advance.

I hate the FSAs. We were told they require no maintenance, and that running them would be invisible to my staff. then someone here had to spend a day calculating discrimination testing, and at the end of that it turns out it's not available to the top __% of the firm. I forget the % but it is high. highly compensated can use it for deductible, but nothing more. So since it takes staff time to run, it actually costs me money to let other people use it.

We have the same; ours does end up available to everyone, but the usage for all but the very junior partners is cut by more than 50%

Atticus Grinch 04-13-2010 12:06 PM

Re: You (all) lie!
 
Quote:

Originally Posted by sgtclub (Post 421136)
It's very sad. This country once stood on principals. Then it stood on the illusion of principals. Now even the illusion is gone.

Remember that all the time it was standing on principles, such as self-reliance and rugged Promethian individualism, the country was also standing on the backs of hundreds of thousands of blacks. Doesn't seem so rugged or self-reliant when your wealth and prosperity exists in part because your workforce is cut out of the wealth and prosperity equation. So I think your nostalgia is selective.

Replaced_Texan 04-13-2010 12:10 PM

Re: FSAs
 
Quote:

Originally Posted by ThurgreedMarshall (Post 421141)
I think you are wrong.

TM

My flex account advances, also.

I think that technically you're supposed to pay back, but no one does.

Cletus Miller 04-13-2010 12:17 PM

Re: You (all) lie!
 
Quote:

Originally Posted by Atticus Grinch (Post 421146)
Remember that all the time it was standing on principles, such as self-reliance and rugged Promethian individualism, the country was also standing on the backs of hundreds of thousands of blacks. Doesn't seem so rugged or self-reliant when your wealth and prosperity exists in part because your workforce is cut out of the wealth and prosperity equation. So I think your nostalgia is selective.

"hundreds of thousands of blacks" = "principals", no?


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