If the OP can tolerate a practical interpretation, rather than a legal interpretation, I'm game.
Here are the definitions, snipped a tiny bit, which originally appeared in FailShip's OP/Post #1 of this thread:
Here's one scenario for thought. As ever, YMMV.
Please forget about the "
individual mandate" issue entirely for purposes of this post. Thanks, you'll see why in a moment.
Per the info provided above, and without using any other reference source (legal or otherwise) it's not too difficult to find a possible solution which would be favorable and attractive to Co$/scientology -- mostly because it involves shirking responsibility and avoiding the law.
See what's highlighted in
purple above? All Co$ has to do is to claim that
every person on Staff
and in the Sea Org is a
part-time employee. They may have to prepare time-sheets as an instrument of evidence to support such a claim, but that's easy enough to do. If they do this, the "individual mandate" issue goes right out the window. Poof. Big orgs, little orgs; over 50, under 50 -- it won't matter either way, whether under employer
or individual mandate: no insurance paid for by Co$ for
any employee at
any org/entity so long as everyone's a
part-time employee.
[
Example 1: John Smith, a current sea org
part-time employee works 27 hours each week
and receives religious instruction/training for 13 hours, too. This is a perfectly reasonable 40-hour 'split-work week' scenario to proffer up to the appropriate government agency (-ies) -- specifically, that for only 27 of those 40 hours did John Smith
work*.
(*Yes, we know he actually works 150 hours per week and eats rice/beans.) Call him a
part-time employee for purposes of PPACA and
nothing changes within Co$.]
Turning to the
employee vs.
volunteer question -- it's moot because, among other reasons which aren't germane here, Co$ cannot claim for purposes of PPACA that they have
volunteers (using the above-referenced definitions) as their current workers do not meet the criteria as described/required. (See the highlighted portion in
green above.)
What?!
Yes, here's why: Suppose, in the year 2017, Co$ claims John Smith was a
volunteer in the sea org during his 7-year recently-ended stint, then they
cannot send him a freeloader bill. But they will, right? However, a
volunteer, just as it says above,
cannot have received
anything of
value in lieu of compensation which totals more than $500.00 (presumably within one year) -- and we all know that Co$
values the "tech" at mighty steep rates, so that's effectively off the table for purposes of PPACA.
[
Example 2: Imagine if Co$ had
always claimed staff and sea org people were
volunteers for a moment. (Even before PPACA.) Now imagine if Jane Public, a 10-year member of Co$ who'd paid $50k for Co$ services, ran into John Smith, the
ex-SO volunteer, at the local coffee shop. They chat. Jane Public walks into her local org that same day, demands to know why John Smith paid nothing for
his services but
she got hit for $50k. The org declares her an SP, she calls an attorney, and Co$ has to settle w/Jane or risk this info getting into the Court record**.
(**Meaning: A court would ask,
"Hey, if Joe got the same services as Jane but he paid nothing, prove to me what Jane actually bought for $50k." And
that would force Co$ to haul in boxes of service materials -- books, clay tables, check sheets, service packs, etc -- just to prove to the judge exactly what had an actual value of $50k. Wouldn't and didn't happen.)
That's
one reason previous Co$ attorneys
probably advised Co$ not to
ever use employment contracts where the word
volunteer figured prominently. It's a loaded word within the legal arena. "Staff" or "sea org member" and the like don't have the same long-established, legally-interpreted definitions...and whenever legal definitions attach to certain words/phrases...unambiguous consequences
and responsibilities immediately follow.]
Is the 'guesstimate' above a legal opinion? Nope; it's just a bit of common and ordinary business sense put to a practical task on a social forum. It's here simply to show
one way a tax-exempt, 'religious' organization can try to avoid the PPACA requirements -- so long as they don't mind filling-out false time-sheets and lying with a straight face to a government agency or two who make inquiry of the organization's management/staff structure.
Given their history of misadventures both big and small, Co$/scientology mgmt
won't balk at doing anything untoward as I've described above --
but, and this is key -- when has Cap'n. Miscavige
ever chosen a clear/easy + potentially-illegal strategic route - legal or otherwise - during his (overly) long tenure at the helm?
Yup - he'll screw this up, too. I just can't wait to see exactly how he does it...and which Court stops him cold.
Hope this helps, FailShip
JB
(Note: It's not uncommon for people to use the words 'volunteer' and 'employee' interchangeably within a work place, both verbally and in writing...and that includes Co$ orgs/missions/etc., too. Some here at ESMB who've actually worked at such a place might even have had the word 'volunteer' in a position title or contained in a staff contract -- but even if the word 'volunteer'
was used, an entirely
other legal definition might apply.)