What are discretionary employee benefits?
Discretionary benefits refer to any type of benefits you are not required to provide by law. This umbrella term includes myriad benefit types, from supplementary dental and vision insurance to perks like wellness programs and child care stipends.
What is the difference between legally required benefits and discretionary benefits?
The first type of benefit is legally required benefits. As their name implies, these are benefits that employers are required (by law) to provide for their employees. The second type of benefit is discretionary benefits. These are benefits that employers may offer even though they are not required to do so.
Can an employer offer different benefits to different groups of employees?
Can an Employer Offer Different Benefits to Different Groups of Employees? The Health Insurance Portability and Accountability Act (HIPAA) prohibits group health plans and group health insurance issuers from discriminating against individuals with regard to eligibility, premiums, or coverage based upon a health status-related factor.
What are the benefits offered by an employer?
February 22, 2021 Most employers offer employee benefits packages, which can include basic health coverage and retirement planning. In addition to basic health coverage, employers offer a variety of other perks, depending on the nature of their companies.
Can employers offer better benefits to highly compensated employees?
An employer generally canNOT offer better benefits (or lower cost) to highly compensated employees. Reason: Self-insured health plans are subject to the nondiscrimination rules under Code §105 (h) . These have been in effect since before the Affordable Care Act (ACA) & continue to apply.
When can an employer impose different benefits on similarly situated individuals?
If the individuals are in distinct groups of similarly situated individuals, the employer may impose different eligibility provisions, different benefit restrictions, or different costs, provided the distinction is consistent with the employer’s usual business practice.