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burdensome and will require significant <br />administrative time and effort. Because most <br />of these employees will not qualify for <br />coverage under the ACA, the effort does not <br />result in a worthwhile outcome. There are <br />also situations where employees who are <br />currently working more than 30 hours per <br />week in a city will now be eligible for health <br />care coverage by that city, which will drive <br />up city costs significantly, particularly for <br />cities using the "duty crew" concept at fire <br />stations to ensure adequate daytime <br />response. Finally, there are provisions which <br />require the city to offer coverage to full-time <br />students who are already covered by their <br />parents' insurance and do not need the <br />coverage through the city, which results in <br />wasted effort. Furthermore, cities that <br />provide health insurance coverage to their <br />employees should not be subject to the <br />federal excise or so-called Cadillac Tax <br />when effective in 2022, which will result in <br />substantial costs to Minnesota taxpayers. <br />Response: The League of Minnesota <br />Cities supports the intent of the ACA to <br />provide affordable health care coverage <br />to all Minnesota residents. However, <br />prior to implementation, Congress <br />should: <br />a) Exempt employees under age 26 who <br />are covered by their parents' <br />insurance; <br />b) Exempt (from coverage requirements) <br />employees who work in recreational <br />facilities and programs owned and <br />operated by governmental entities; <br />c) Exempt elected officials from being <br />counted as "employees" for the <br />purposes of the ACA; and <br />Revise the provisions of the federal <br />excise "Cadillac Tax" so that it does <br />not penalize employers and instead <br />provides incentives to strengthen <br />wellness and disease prevention effort. <br />128 <br />FED-6. Amended Internal Revenue <br />Code Regarding 403(b) Retirement <br />Plans <br />Issue: Section 403(b)(1)(A)(ii) of the <br />Internal Revenue Code allows an employer <br />that is a State, a political subdivision of a <br />State, or an agency or instrumentality of a <br />State or a political subdivision of a State to <br />establish a 403(b) retirement plan for <br />employees who perform services for <br />educational organizations as described in <br />Section 170(b)(1)(A)(ii) of the Internal <br />Revenue Code. This provision of the <br />Internal Revenue Code allows employees to <br />defer substantially more income for <br />retirement savings than their city <br />government employee counterparts. While <br />government employees who do not perform <br />services for an educational organization may <br />participant in a 457(b) deferred <br />compensation plan, they may not participate <br />in a 403(b) retirement plan. Government <br />employees who perform services for an <br />educational organization are able to <br />participate in both a 403(b) plan and a <br />457(b) deferred compensation <br />plan. Furthermore, as a result of the <br />amendment to Section 457(c) of the Internal <br />Revenue Code by the Economic Growth and <br />Tax Relief Reconciliation Act of 2001, <br />deferrals to a 457(b) plan are not <br />coordinated with elective deferrals made to a <br />403(b) plan for purposes of complying with <br />the limit on pre-tax contributions to either <br />plan. Both employee groups serve the public <br />and should be treated similarly under the <br />Internal Revenue Code for purposes of tax - <br />deferred retirement savings plans." <br />Response: Congress should amend <br />Section 403(b)(1)(A)(ii) of the Internal <br />Revenue Code to allow an employer that <br />is a State, a political subdivision of a <br />State, or an agency or instrumentality of a <br />State or political subdivision to establish a <br />