125 Cafeteria Plans Questions

Is a 125 pre-tax premium benefit discriminatory if only a small subset of non-HCIs has a different salary reduction benefit?

It's very tempting for education institutions—particularly those with substitute teacher pools—which have been forced to cover employe.... Sign In For Access

M. Ployer

• Answered
  Erissa Geek
  

How can a 125 pre-tax premium benefit be discriminatory, and what happens if it is?

It's very tempting sometimes for retail organizations to incentivize employees to stay with the company and move up the ladder by prov.... Sign In For Access

M. Ployer

• Answered
  Erissa Geek
  

Can telemedicine benefits be provided only to employees living or working in certain states?

Let's say an employer has an extremely high utilization of emergency room services in certain states because, for whatever reason, the.... Sign In For Access

M. Ployer

• Answered
  Erissa Geek
  

Can an employer set employee contributions at 9.5% of that employee's wages (with the employer paying the difference)?

If an employer wanted to set each participating employee's contributions at 9.5% of their wages, is that permissible under ACA? For ex.... Sign In For Access

M. Ployer

• Answered
  Erissa Geek
  

Can employer contributions to health coverage vary based on length of service?

Suppose an employer currently offers a comprehensive group health plan only to management (i.e., a "management carve-out plan"). Suppo.... Sign In For Access

M. Ployer

• Answered
  Erissa Geek
  

Can a dependent care assistance plan election that has become unusable be changed mid-year?

Suppose an employee says she didn't understand that a dependent care FSA (a/k/a dependent care assistance plan or "DCAP") was largely .... Sign In For Access

M. Ployer

• Answered
  Erissa Geek
  

Can an employer offer a richer medical benefit to management and a less rich (but still minimum-value) plan to all employees?

If an employer currently offers a management carve-out plan and beginning January 1, 2015 that employer must offer coverage to all oth.... Sign In For Access

M. Ployer

• Answered
  Erissa Geek
  

May a mistaken dependent care FSA (DCAP) election be cancelled or corrected retroactively?

During annual open enrollment, Employee X elected coverage under her company's pre-tax dependent care assistance plan (DCAP, a/k/a dep.... Sign In For Access

M. Ployer

• Answered
  Erissa Geek
  

Can employer contributions to health insurance differ among groups of employees?

The advent of so-called "private exchanges" has prompted more employers to consider defined-contribution-type arrangements. Can the em.... Sign In For Access

M. Ployer

• Answered
  Erissa Geek
  

Can HIPAA special enrollment changes be retroactive? If so, can premiums be pre-tax?

I've been told that spouses cannot be retroactively covered as of the date of marriage under a special enrollment right under HIPAA. I.... Sign In For Access

M. Ployer

• Answered
  Erissa Geek
  

Is an employer required to permit HSA election changes monthly? If not required, is it allowed?

Here's the setup. Employer has an HSA benefit, and employee contributions to it are done through the company's section 125 cafeteria p.... Sign In For Access

M. Ployer

• Answered
  Erissa Geek
  

What pre-tax funding vehicles are there for employer contributions to group health coverage offered through a "private exchange"?

An employer wants to switch to a pure defined contribution approach for its health benefits in which it gives employees a fixed dollar.... Sign In For Access

M. Ployer

• Answered
  Erissa Geek