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Several years later the Court enlarged the scope of the political function exception by extending the range of nonelective jobs that "go to the heart of representative government.
If admission status is a predictor of costs, and emergency and urgent admissions are more costly, then the payment rate may create incentives to discourage these nonelective admissions.
On average there were 236 nonelective hospital admissions per day; 19% of these patients had a discharge diagnosis of cardiovascular disease, and 16% had a discharge diagnosis of respiratory disease.
Additional, nonelective contributions may be made by the employer.
The amount of the credit is based on a percentage of the lesser of: (1) the amount of nonelective contributions paid by the eligible small employer on behalf of employees under a qualifying arrangement during the tax year, and (2) the amount of nonelective contributions the employer would have paid under the arrangement if each employee were enrolled in a plan that had a premium equal to the average premium for the small group market in the rating area in which the employee enrolls for coverage.
Many participants felt that it should not be their responsibility to determine whether a physician is in their network or to be responsible for out-of-network charges for nonelective hospitalization or emergency care:
The company can make greater matching and nonelective contributions than under a qualified plan.
Small Employee Health Insurance Credit: A new credit is provided for a qualified small employer for nonelective contributions to purchase health insurance for its employees.
There may be a threshold of morbid obesity associated with a sharply increased risk of nonelective cesarean delivery that is not shared by less obese women, according to results of a preliminary study presented at the annual meeting of the Society for Obstetric Anesthesiology and Perinatology.
Unlike the nonelective contribution safe harbor that requires employer contributions for all eligible non-HCEs without regard to whether they make elective deferrals to the plan, this matching contribution safe harbor requires employer contributions only for those non-HCEs who actually make elective deferrals to the plan.
IRS has adopted the position that Section 457 applies to nonelective as well as elective deferred compensation.
Another major category of plan failure relates to the initial deferral election for elective NQDC plans (in which the deferral decision is initiated by the employee) as opposed to nonelective NQDC plans.
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