Finding Safe Harbor from the Employer Mandate

By: Setnor Byer Insurance & Risk  01/23/2013
Keywords: Insurance, Health Insurance, Insurance Agencies

Under the Affordable Care Act’s Employer Shared Responsibility provisions, “large” employers with at least 50 full-time equivalent employees may be subject to a penalty of up to $3,000 per year for each full-time employee in excess of 30. An employer may avoid the penalty by offering health coverage to at least 95% of its full-time employees (and dependents) under an “affordable” plan that provides “minimum value.”

 

A plan will generally satisfy the “minimum value” requirement if it covers at least 60% of health care costs. To be considered “affordable,” the employee’s required contribution for employee-only coverage cannot be more than 9.5% of the employee’s household income for the taxable year.

 

In the context of determining whether a plan satisfies the affordability requirement, the Internal Revenue Service recognized the likely inability of employers to ascertain the household income for each of its employees. As a result, the proposed regulations recently published by the IRS allow employers to take advantage of three safe harbor provisions.

 

Form W-2 Safe Harbor

 

Application of the Form W-2 Safe Harbor, which is determined after the calendar year on an employee-by-employee basis, takes into account the employee’s Form W-2 wages and the employee contribution.

 

An employer will not be assessed a penalty for an employee if the required annual contribution for the employer’s cheapest employee-only coverage plan is not more than 9.5% of that employee’s Form W-2 wages from the employer. If an employee is not offered coverage for an entire calendar year, the Form W-2 wages can be adjusted to reflect the period for which coverage was offered.

 

To avoid manipulation, the proposed regulations provide that the employee’s required contribution must remain consistent during the calendar year and that an employer cannot make discretionary adjustments to the required employee contribution for a pay period.

 

Rate of Pay Safe Harbor

 

Under the Rate of Pay Safe Harbor, an employer: takes the rate of pay for each hourly employee who is eligible for coverage under the plan as of the beginning of the plan year; and multiplies that rate by 130 hours (the benchmark for monthly full-time status) to compute the employee’s monthly wages.

 

If the employee’s monthly contribution amount for the cheapest employee-only coverage plan is not more than 9.5 percent of the computed monthly wages, then the coverage is considered affordable. For salaried employees, monthly salary would be used to determine affordability.

 

The Rate of Pay Safe Harbor allows employers to prospectively determine affordability without having to analyze every employee’s wages and hours. However, it may only be used for those employees who did not have their hourly wages or monthly salaries reduced by the employer during the year.

 

Federal Poverty Line Safe Harbor

 

Under the Federal Poverty Line (FPL) Safe Harbor, coverage is considered affordable if the employee’s cost for the cheapest employee-only coverage plan is not more than 9.5% of the FPL for a single individual. Under the regulations, employers may use the most recently published poverty guidelines for the first day of the plan year.

 

These safe harbors are optional. Large employers may use one or more of these for all employees or for any reasonable category of employees, provided they are used uniformly and consistently for all employees in a category.

 

The IRS will be accepting comments on these proposed regulations until March 18, 2013.

 

At Setnor Byer Insurance & Risk, we are committed to guiding you through what is sure to be a bumpy ride. Check back with us periodically for future informational updates about the Affordable Care Act. If you have specific questions about the Act or if you are ready to take action and would like to see how Setnor Byer Insurance & Risk can help, .

 

If you’d like to subscribe to our weekly newsletters please .

Keywords: Affordable Care Act, Business Insurance Needs, Commercial Insurance, Health Insurance, Insurance, Insurance Agencies, Insurance Exchanges, Insurance Products And Services, Proven Risk Management, Risk Management,

Contact Setnor Byer Insurance & Risk

HTTP://www.setnorbyer.com

Email

Print this page

Other news and updates from Setnor Byer Insurance & Risk

05/08/2013

Lowering Your Hurricane Insurance Premium

Many homeowners believe that switching insurance companies is the only way to save on their windstorm (hurricane) insurance premiums. Unfortunately,


04/24/2013

Calculating Workers Compensation Insurance Premiums

Workers’ Compensation (WC) provides medical, disability, rehabilitation or death benefits to employees who have suffered a job-related injury or


04/17/2013

Protecting Sensitive Data: Don’t Forget the Copy Machine

Collecting personally identifying information from clients, such as names, social security numbers and credit card numbers, is common practice.


04/10/2013

Protecting Valuable Business Papers and Records

Businesses often prepare an inventory of valuable property to simplify the process of filing an insurance claim in the


03/20/2013

Health Benefits and Value under the Affordable Care Act

The Department of Health and Human Services (HHS) released final rules pursuant to the Affordable Care Act (Act) that


02/27/2013

Department of Health Issues Final HIPAA and HITECH Act Rules

On January 25, 2013, the Department of Health and Human Services (HHS) published its omnibus Final Rule regarding the


02/27/2013

Department of Health Issues Final HIPAA and HITECH Act Rules

On January 25, 2013, the Department of Health and Human Services (HHS) published its omnibus Final Rule regarding the


02/13/2013

Affordable Care Act Notice Requirement Delayed

To help individuals understand their health insurance options under the Affordable Care Act (Act), employers are required to give


02/06/2013

Insurance Agent Experiences the Need for Insurance Firsthand

One of the most common phrases you’ll hear from an insurance agent is don’t wait until it happens to


01/17/2013

IRS Softens Affordable Care Act’s Penalty Provision

On January 2, 2013, the Internal Revenue Service published proposed regulations regarding one of the Affordable Care Act’s more


01/03/2013

What is “No-Fault” Auto Insurance?

No-Fault Automobile Insurance is designed to reduce the overall cost of insurance by making quick payments to individuals injured


12/27/2012

Health Care Reform by the Numbers

As Health Care Reform makes its way through the health insurance landscape, many employers are finding it difficult to


12/20/2012

Protecting Your Business from Cyber Liability Risks

Almost every business relies on computers, networks and electronic data to support their business operations and serve their customers.


12/07/2012

New Health Insurance Notice Requirements for Employers

Thanks to the Affordable Care Act, the Fair Labor Standards Act (FLSA) is moving beyond its traditional role as