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ACA non-discriminatory requirement.

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    ACA non-discriminatory requirement.

    Does either of the two following scenarios violate the non-discriminatory requirement of the ACA?

    (1) A part-time employee has a full-time job with another employer. She is being covered by that employer which is hiring her full-time. In this case, can she be excluded from the coverage without violating that non-discriminating requirement of the ACA? (Let's assume the company policy is to cover both part-time and full-time employees).

    (2) An employer has the policy that each employee has to pay 25% of the health premiums. One employee considers even the 25% is too much for her to pay so she elects not to accept the coverage. She proposes to give a written statement to the employer that she is offered the coverage but it is her choice not to take the coverage. In this case, would the employer violate the ACA requirement without coverage this employee?
    Last edited by RightOn; 01-20-2016, 02:58 PM.

    #2
    If I remember, the ACA discrimination provisions are on hold until further notice.

    As far as discrimination in general, I don't see a problem with either scenario. Both employees are OFFERED insurance.

    If it is a self-insured plan (which is unlikely) and less than 70% of all employees take the insurance, it's possible the the health benefits could become taxable wages to the Highly Compensated Employees.

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