![Cong Fitzpatrick at press conference to announce the Protecting Volunteer Firefighters and Emergency Responders Act [H.R. 3685] Submitted:](https://levittownnow.com/wp-content/uploads/2013/12/Fitz.jpg)
Credit: Office of Congressman Fitzpatrick
Under the Affordable Care Act (ACA), employers with more than 5o employees must offer insurance to those employees or pay a tax, and that’s devastating Fitzpatrick said for first responder volunteer companies.
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“As it stands right now, volunteer fire departments are potentially considered employers, and their firefighters as paid employees – meaning, they’re subject to the same mandates and penalties found in the president’s healthcare law for businesses,” said Fitzpatrick. “This interpretation would be devastating to volunteer fire companies and our safety throughout Bucks and Montgomery County.”
Fitzpatrick, in a teleconference last week, said he had written to the taxing authority in October asking for the office to clarify the issue for him has yet to hear back.
Fitzpatrick’s letter highlighted concerns that currently the IRS treats all firefighters – volunteer or paid – as employees for federal tax purposes. However, this status under the ACA could fall under the law’s ‘Shared Responsibility Provision’ and could result fines for fire companies who don’t provide health insurance, the congressman said.
Credit: Office of Congress Fitzpatrick
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State Representative Frank Farry, who is also chief of the Langhorne-Middletown Fire Company, said in a statement:
“The Obama administration and the IRS have been aware of this issue for months but yet have not taken any steps to address it. The volunteer fire service already faces many challenges and if the ACA is applied to it, the VFDs will have their backs broken. This issue does not require a legislative fix but since the administration isn’t addressing it, Congressmen Fitzpatrick has stepped to the plate and we are thankful for his efforts.”
According to Fitzpatrick over 97% of Pennsylvania’s fire departments – and 90% nationwide – are served by community volunteers.
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One of the issues discussed during last weeks press conference were the types of penalties for the fire companies if the law isn’t changed by the Jan 1.
“Jeff you’re right there in Bristol Borough where there are 4 fire companies ask Chief Slack if any of those companies can afford to be taxed at all. Its not unreasonable to say they can’t afford it and something needs to be done about it now, Fitzpatrick said.
What Fitzpatrick and other lawmakers have come up as a remedy for a potentially damaging situation to the companies and the safety to the communities they serve is introducing the Protecting Firefighters and Emergency Responders Act , which would clarify the ruling about the status of volunteer fire companies under the ACA and exempt volunteer fire fighters from the ACA’s employer mandate set to start January 1, 2015.
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Charles Rumble, president of Plumsteadville Volunteer Fire Co. in central Bucks County, went as far as suggesting if a solution doesn’t come to fruition quickly, fire companies in the same situation would be forced to consolidate resources and join together forcing changes on a number of the companies in the area.
“We need to get this bill passed and fire companies in the area strongly support it,” Rumble said.
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Senator Robert Casey (D-PA) released a statement saying the he has secured a commitment from John Andrew Koskinen, nominee to be the next Internal Revenue Service (IRS) Commissioner, that concerns raised by volunteer firefighters about Affordable Care Act (ACA) requirements will be quickly addressed.
Problem is, there is no guarantee when that nomination will go to vote.
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Asked about redefining volunteers as employees for tax purposes, Fitzpatrick said that’s something that could be done but for now his focus was getting HR 3685 passed.
The bill has been referred to the Ways and Means committee.
