Feb 3, 2020
Can employers provide one set of benefits to one group of
employees and a different set to another? Short answer: in most
cases, yes indeed.
We have all sorts of laws preventing discrimination, but there
are many ways employers can permissibly discriminate. Wait,
what? In this titanic episode, Ed and Scott jump into
discrimination in the benefits world, and how employers can and
cannot legally “discriminate” in their benefits offerings.
- How are regulations around self-insured healthcare benefits and
fully insured healthcare benefits different? What does the IRS have
to say about it?
- Who is considered a highly compensated individual and why are
they suspect? (Hint: Scott’s not one, but he is suspect in other
- Can the same plan treat different groups of employees
differently, and how would the plan be tested?
- Who bears the consequence of impermissible discrimination? Are
there any easy ways to negate the problem?
- How do HRAs, FSAs, HSAs and cafeteria plans play into this? And
what about dependent care? HIPAA? GINA?
- Why does Scott keep talking about crab cakes?