releases: https://web.archive.org/web/20140222035801/http://lobiondo.house.gov/press-release/lobiondo-joins-effort-protect-volunteer-fire-companies-negative-consequence-obamacare
Data license: MIT · Data source: dwillis/congress-press
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| https://web.archive.org/web/20140222035801/http://lobiondo.house.gov/press-release/lobiondo-joins-effort-protect-volunteer-fire-companies-negative-consequence-obamacare | LoBiondo Joins Effort to Protect Volunteer Fire Companies from Negative Consequence of Obamacare | 2013-12-09 | 2013 | 2013-12 | Republican | House | NJ | Frank LoBiondo | L000554 | web.archive.org | legacy | MAYS LANDING, N.J. – Facing a serious threat to future operations of volunteer fire departments in South Jersey and across the country by a provision in Obamacare, U.S. Representative Frank A. LoBiondo (NJ-02) has petitioned the Internal Revenue Service (IRS) Acting Commissioner Danny Werfel to issue agency guidance that would prevent companies from having to “dissolve or convert to paid departments in order to shift the costs to their municipal government.” LoBiondo, a member of the Congressional Fire Services Caucus, also outlined a possible solution to ensure volunteer emergency personnel and the communities they serve are protected. LoBiondo was made aware of the issue by local municipal officials working with South Jersey fire chiefs to ensure compliance with Obamacare. LoBiondo is looking at legislative options with his colleagues in the event that the IRS does not take corrective action. The full text of LoBiondo’s letter to the Acting IRS Commissioner is as follows: December 6, 2013 Dear Acting Commissioner Werfel: It has come to my attention (as an active member of the Congressional Fire Services Caucus) that many of my colleagues are trying to get clarification about the effects of the Employer Shared Responsibility Provisions (ESRP) of the Patient Protection and Affordable Care Act (PPACA) on our volunteer emergency responders. Therefore, I too would like to be on the record with my serious concern about the unintended consequences this portion of the PPACA may have on a vital segment of our communities. In particular, I have heard from volunteer fire departments in my district that if the PPACA “is interpreted to require that volunteer companies provide health benefits, it would seem that the companies would either have to dissolve or convert to paid departments in order to shift the costs to their municipal government.” I think you would agree that this outcome would be detrimental to those municipalities that rely on these heroes day in and day out to provide services their local governments are unable to afford as full-time paid positions. Therefore, I urge you to officially release guidance that the Internal Revenue Service (IRS) will recognize these nominally compensated first responders as non-employees of the agencies they are associated with, for the purposes of the ESRP of the PPACA. As others have outlined to you, there is currently a definition within the Fair Labor Standards Act which allows for volunteers to receive “paid expenses, reasonable benefits, a nominal fee, or any combination thereof, for their service without losing their status as volunteers.” I urge you to consider this as a solution, as it is already a long-standing and widely recognized definition. If you should have any questions, please do not hesitate to contact my office. I appreciate your prompt attention to this matter. Sincerely, ### | 1 | 2026-03-30T12:14:52Z | 2026-03-30T12:14:52Z |