Executive-level health and welfare programs are an important element of the total remuneration employers offer to recruit and retain key employees. While the extension of nondiscrimination requirements to fully-insured group health plans by the Patient Protection and Affordable Care Act of 2010, Pub. L. No. 111–148, has been delayed, once effective, those requirements will effectively eliminate tax advantaged major medical plans that disproportionately favor highly compensated individuals.1 That does not, however, prevent employers from continuing to use certain benefits as a recruitment and retention tool for key, highly compensated individuals.
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Reprinted with permission from Bloomberg BNA's Benefits Practice Resource Center.