Bryant - Course 5. Retirement Planning & Employee Benefits. 9. Employee Benefit Plans Flashcards

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1
Q

Today’s business environment is becoming very challenging with a greater number of experienced and talented employees providing the cutting, competitive edge. These employees are the prime assets of the organization. In order to recruit and retain such employees, every organization is strategically providing attractive retirement and benefit plans. This is because an organization’s investment in employee benefit plans is now becoming as important as their investment in plant, equipments, machinery, or any other assets. A good employee benefit plan will help employers in retaining talented employees as well as employees who would work better with such incentives.

The Employee Benefit Plans module, which should take approximately six hours to complete, will explain the different types of benefit plans that are offered to employees: group life insurance, group disability insurance, group medical insurance, cafeteria plans and flexible spending accounts and other employee fringe benefits.

A

Upon completion of this module you should be able to:
* Identify the steps to design the right insurance plan,
* Identify different types of employee benefit plans and when they can be indicated,
* Describe the advantages and disadvantages of each plan,
* Identify the tax implications of each plan,
* Discuss the ways in which each plan is required to comply to different Code sections, and
* Describe the methods to install the plans.

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2
Q

To keep abreast with the changing environment, every organization is trying to provide very attractive and lucrative benefit plans for their employees in order to retain and motivate them. A well-developed, comprehensive employee benefit plan can make a big difference in attracting and retaining good, talented employees.

Hence, as a financial planner, you need to know the various employee benefit plans that any employer can offer. This way you can help organizations devise an effective benefits strategy that would incorporate everything, including culture, funding method, selection of products, compliance issues and corporate communications. Employers and organizations look out for financial planners to develop their employee benefit plans so as to reduce administrative time and associated costs.

A

To ensure that you have a solid understanding of employee benefit plans, the following lessons will be covered in this module:
* Group Life Insurance
* Group Disability Insurance
* Group Medical Insurance
* Cafeteria Plans and Flexible Spending Accounts
* Other Employee Benefits

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3
Q

Section 1- Group Life Insurance

Every individual has some basic need for life insurance. But many of them cannot afford a complete life insurance policy because of its high costs. Thus, they look for employer-sponsored group life insurance. Group life insurance is a means of insuring a class of people, usually company employees and associations. It also provides benefits to the employers, such as helping attract and retain good employees, supplementing the employee benefit package, and increasing employee morale and productivity. Providing group life insurance is also tax-deductible for the employers.

Therefore, if an employer is aware, and responsible for the company’s employee benefit plans, the first step would be to provide an attractive group-term life insurance policy to all its employees.

A

To ensure that you have a solid understanding of group life insurance, the following topics will be covered in this lesson:
* Group Term
* Group Permanent
* Dependent Coverage
* Carve-out
* Tax Implications
* ERISA and Other Requirements
* Alternatives
* How to Install a Plan

Upon completion of this lesson, you should be able to:
* Explain what group-term life insurance is and when its use is indicated,
* Describe the basic features of a group-term life insurance plan,
* Discuss the carve-out concept and its benefits and structure,
* Analyze the tax implications of such a plan, and
* Describe the steps involved in setting up a group-term life insurance plan.

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4
Q

Under ERISA, what are the two types of employee benefit plans? Click all that apply.
* Pension plan
* Welfare plan
* Employee plan
* Insurance plan

A

Pension plan
Welfare plan

  • Under ERISA, employee benefit plans are divided into two types: pension plans and welfare plans.
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5
Q

Section 1- Group Life Insurance Summary

Group-term life insurance is one of the basic insurance policies required by every employee in order to control the financial effect on their dependant when they die. Every employer who is aware and responsible about the benefits of its employees, provides group life insurance.

In this lesson, we have covered the following:
* To design the right life insurance plan is as important as planning for health and retirement benefits. You need to follow a step-by approach to plan the right insurance plan, by first identifying why employees need insurance. Then you need to analyze the employees’ existing plans, and identify what the employer and the employees want to achieve through insurance, their objectives that need to be accomplished. After all has been identified and analyzed, you can design the insurance plan.
* Group-term is a life insurance plan for a group of employees and is one of the most common insurance coverage provided by an employer. Its design features include nondiscrimination requirements, coverage rules, benefit rules, exclusion rules and compliance to Section 79 rule requirements.
* The group permanent policy is part of the group-term plan and is considered to provide a permanent benefit if it can provide economic value to the policy.
* The dependent coverage is a small amount of coverage that can be treated favorably for tax purposes if the life insurance payable on the life of a spouse or dependent of an employee does not exceed $2,000.
* Group term Insurance Carve-out is a coverage method by which key employees or highly paid executives are separated from the group by the employer when providing group-term life insurance to other employees without affecting the status of the group-term plans. The carve-out coverage has its own advantages, such as being cost-favorable to employer, being selective and discriminatory to executives, and able to provide portable cash growth.

A
  • Tax implications for group-term insurance include tax-exemption for the first $50,000 provided for each employee, tax being calculated only for the cost of nondiscriminatory coverage above $50,000, death benefit is tax-free for the beneficiary, all expenses borne by the employer for insurance premiums are deductible, employer needs to pay employment taxes, FICA and FUTA, on any premiums paid above the $50,000 limit.
  • 1035 Exchanges the tax-free transfer of existing life insurance policies or annuity contracts for similar new contracts with different insurance companies.
  • ERISA and other requirements impose extensive reporting and disclosure and the group-term plan must comply with all its requirements.
  • Alternatives to group-term include life insurance in a qualified plan, split-dollar life insurance, death benefit only, and personally-owned insurance plans.
  • How to install a plan specifies that a written plan complying with Section 79 requirements needs to be adopted.
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6
Q

Which of the following employer-provided employee benefit plans does NOT provide a death benefit or capital accumulation? (Select all that apply)
* A dependent care assistance plan
* Short-term disability plan
* A profit sharing plan
* A group-term life insurance plan
* A nonqualified deferred compensation plan

A

A dependent care assistance plan
Short-term disability plan
* Qualified plans such as profit sharing, group-term life insurance, and nonqualified deferred compensation all provide some form of death benefits or capital accumulations in their plan. But dependant care assistance or short-term disability plans do not provide for death benefits, as they are provided only for a small period of time and do not consider benefit provision in lieu of death.

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7
Q

Which of these employee groups can never be excluded from group-term life insurance that an employer maintains?
* Employees with two years of service
* Employees with five years of service
* Part-time employees
* Employees who are part of a collective bargaining unit

A

Employees with five years of service
Part-time employees
* The design feature of group-term life insurance includes the exclusion criteria. When calculating the percent of employees to be covered under the group-term insurance, employees with less than three years of service, part-time/seasonal employees, and employees of the collective bargaining unit can be excluded. Employees with greater than three years service are included in the plan.

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8
Q

What are the taxation rates used to measure the value of group-term life insurance in excess of $50,000 generally referred to as?
* The P.S. 38 rates
* The 1980 CSO rates
* The Table I rates
* The P.S. 58 (or Table 2001) rates

A

The Table I rates
* The cost of the first $50,000 of group-term insurance is tax-free to the employees.
* However, for coverage above $50,000, the amount taxable to the employees, or rather the value of the group-term life insurance needs to be calculated on a monthly basis.
* This is done by multiplying by the Table I rates.

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9
Q

Which of the following methods may NOT be used to finance a group-term carve-out arrangement?
* Death benefit only plans
* Profit sharing plans
* Split-dollar arrangements
* Bonus plans set up under Section 162

A

Profit sharing plans
* Financing a group-term carve-out arrangement requires the implementation of methods such as bonus plans, split-dollar plans, and death benefit plans.
* In order for carve-out programs to work as intended, they need to be carefully designed to avoid Section 79 status.
* This can be achieved if the coverage involves either/and the split-dollar, bonus, or death benefit only plans.

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10
Q

Section 2 - Group Disability Insurance

Employers, both small and large, need to look at every aspect of employee benefit schemes. There are times when employees might not be able to work for a period of time. This inability to work means a loss of income. For such unforeseen situations, employers need to provide disability insurance coverage to their employees. The disability income coverage replaces the income lost by an employee when either injury or illness prevents him/her from working. The disability income insurance policies can be provided either for the long term (at least five years to life-time) or the short term (up to two years).

When the employers provide disability insurance on a group basis, the benefits are usually integrated with benefits from Social Security and other public programs.

A

To ensure that you have a solid understanding of group disability insurance, the following topics will be covered in this lesson:
* Long-term Disability Insurance
* Short-term Disability

Upon completion of this lesson, you should be able to:
* Explain what a long-term disability insurance plan is and when its use is indicated,
* Discuss the advantages and disadvantages of this type of plan,
* Describe the design characteristics of a long-term disability insurance plan,
* Analyze the tax implications of such a plan,
* Explain what a sick pay plan is and when its use is indicated,
* Discuss the design characteristics of this type of plan,
* Analyze the tax implications of such a plan, and
* Describe the ERISA reporting requirements applicable to a sick pay plan.

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11
Q

Click here to view information on Social Security disability benefits.
https://www.ssa.gov/applyfordisability/
After viewing the link above, answer the following questions:
* How is an individual’s monthly benefit calculated?
* What document can assist you in calculating this amount?
* How do you order this document?

A
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12
Q

Section 2 - Group Disability Insurance Summary

Group disability insurance provides for income in the event of disability of the employee due to illness or injury. Some employers provide group disability insurance to all their employees. This helps maintain the financial level of the employee when he/she is unable to work. Disability insurance can be long-term or short-term, depending on the period for which the employee is unable to work.

In this lesson, we have covered the following:
* Long-term disability insurance provides disability income to employees who are disabled for more than 6 months up to 65 years, or to some particular employees as selected by the employer. They supplement the Social Security disability coverage. The design feature of this plan includes who is eligible for the plan, or the eligibility criteria, which is under the discretion of the employer, the appropriate definition of disability to be proved to avail the coverage, and the benefit formulas that calculate the percentage coverage of the disability income insurance. This is calculated taking into consideration that other sources of disability benefits, such as Social Security, workers’ compensation, other insurance, or earnings from other employment are integrated with long-term disability income benefits.

A
  • Short-term disability insurance provides disability income to employees who are sick or disabled, generally for 3 months up to 6 months. Short-term plans can also include selected executives at the discretion of the employer. The plan continues to pay salary or wages to the employee for the limited period of illness or injury. The short-term disability plan’s design features include sick pay and short-term types of plans. Sick pay usually refers to the uninsured continuation of salary and wages. A short-term disability plan is one that goes into effect when the employee’s sick pay benefits run out, and before the employer’s long-term disability plan, if any, and Social Security disability go into effect. Thus short-term plans are often insured. The duration of sick pay benefits is often tied to the length of an employee’s service, and the definition of disability is less strict than in long-term plans.
  • The tax implications for both short-term and long-term disability are the same, wherein the employer contribution to premium or direct benefit payments is deductible as employee compensation. Disability benefits that are received by an employee are taxable in proportion to the percentage of premium paid by the employer.
  • ERISA and other requirements are same for both long-term and short-term disability plans that require a written summary plan description (SPD) and a formal written claims procedure. However, both the plans are not subject to eligibility, vesting, or funding requirements of ERISA.
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13
Q

Of the disability definitions described below, which is the strictest one or the least preferred by employees?
* “Qualified for” definition
* “Regular occupation” definition
* “Own occupation” definition
* “Total and permanent” definition

A

“Total and permanent” definition
* The strictest definition of disability is the total and permanent definition that states the disability condition under which an employee is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. Because of the nature of the defining disability, it is least favorable to the employees.

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14
Q

A short–term disability plan, often an insured plan, goes into effect when sick pay benefits cease, and will typically extend until?
* A six-month benefit period has been satisfied and Social Security benefits or the employer’s long-term plan goes into effect
* The employee is fully recovered from sickness or accident
* The employer cannot fund the plan any longer
* Sick pay benefits are renewed and begin with the new calendar/fiscal year for the employee

A

A six-month benefit period has been satisfied and Social Security benefits or the employer’s long-term plan goes into effect
* A short-term disability plan fills the gap between sick pay and the employee’s long–term disability plans. It goes into effect when the employee’s sick pay benefits run out and extends until the six-month limit has been reached, when the employer’s long-term disability plan, if any, and Social Security disability go into effect.

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15
Q

Benefits for the following will not be paid even if the definition of disability is met EXCEPT?
* During periods when the employee is not under a physician’s care
* Caused by an intentionally self-inflicted injury
* Before the employee became eligible for plan coverage
* Medical expenses incurred for treatment of an injury that caused disability

A

Medical expenses incurred for treatment of an injury that caused disability
* Disability plans usually have specific exclusions under which benefits are not paid even if they meet the definitions of disability. All of the above are excluded from payment even if they comply with disability definition, except for medical expenses incurred for treatment of an injury that caused disability. In this case disability benefits are paid due to injury.

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16
Q

Section 3 - Group Medical Insurance

Health insurance is the most widespread employee benefit, covering more than 75 million employees in the United States. This is because it meets a critical employee need, and also because it receives almost unique tax benefits. The tax benefits include that not only is the entire cost deductible to employers, but nothing is includable in employees’ taxable income as a result of plan coverage or payment of plan benefits. Thus health insurance is a completely tax-free form of employee compensation.

There are two main types of health insurance plans:
Prepaid plans, in which health care providers are paid in advance of providing services, and
Postpaid plans, which pay health care providers for services rendered, or reimburse employees for payments to providers.
The principal form of prepaid plans is the Health Maintenance Organization, or HMO. HMOs are discussed later in the lesson. You will begin this lesson with a focus primarily on postpaid plans, which are the traditional form of health insurance.

A

To ensure that you have a solid understanding of group medical insurance, the following topics will be covered in this lesson:
* Plan Design
* Benefit Structure
* Plan Funding
* Eligibility and Coverage
* HMO
* PPO

Upon completion of this lesson, you should be able to:
* Identify the fundamental types of health insurance plan designs,
* Discuss the benefit structures of health insurance plans,
* Describe the various funding mechanisms for such plans,
* Explain the eligibility and coverage requirements (including COBRA continuation coverage requirements),
* Explain what an HMO plan is and when its use is indicated,
* Discuss the advantages and disadvantages of this type of plan,
* Describe the basic types of HMOs and the requirements for federally qualified HMOs,
* Distinguish between insured plans and typical HMOs,
* analyze the tax implications of such a plan, and
* analyze the tax implications of such plans,
* describe what a PPO is and discuss its advantages, disadvantages, and its types.

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17
Q

Lori covered under a coinsurance provision and is responsible for 20% of covered expenses. She has a deductible of $250. Lori incurs expenses of $2,000 during the year. How much will she have to pay and how much will the company pay?
* Lori will pay $400 and the company will pay $1,600
* Lori will pay $650 and the company will pay $1,350
* Lori will pay $250 and the company will pay $1,750
* Lori will pay $600 and the company will pay $1,400

A

Lori will pay $600 and the company will pay $1,400
* Lori will pay $600 ($2,000-$250=$1,750x20%=$350($250+$350=$600)) and the company will pay $1,400($2,000-$600).

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18
Q

Blue Cross plans are used for doctors’ bills, and Blue Shield plans used for hospital bills. (Select True or False)
* False
* True

A

False
* Blue Cross plans are used for hospital bills, and Blue Shield plans used for doctors’ bills.

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19
Q

Participants may be not excluded or required to pay an extra premium on the basis of which of the following? Click all that apply.
* Age of participants
* Genetic information
* Medical history
* Health status

A

Genetic information
Medical history
Health status
* Participants may not be excluded or required to pay an extra premium on the basis of the following: health status, medical condition (physical and mental), claims experience, receipt of health care, medical history, genetic information, evidence of insurability, or disability.

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20
Q

COBRA provides for continued coverage to all except? Click all that apply.
* Directors
* Independent contractors
* Small Business of 50 employees
* Self-employed individuals

A

Directors
Independent contractors
Self-employed individuals
* Self-employed individuals, independent contractors, and directors are not counted and exempted from COBRA.

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21
Q

What are the advantages and disadvantages of the pay-as-you-go funding for retiree medical benefits?

A

Advantages
* Low initial cash flow
* Simplicity
* No nondiscrimination requirements

Disadvantages
* FASB standards require liability
* Increasing cash flow requirements
* Burdens future management/shareholders

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22
Q

Which group medical insurance types have deductibility of contributions?

A

Increased Pension Benefits
Incidental Qualified Plan Benefit (410(h))
VEBA

No tax deduction until benefits are paid:
* Earmarked Corporate Assets
* Corporate-owned Life Insurance

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23
Q

What are the main differences between PPOs and HMOs? Click all that apply.
* PPOs provide benefits on a fee-for-service basis as their services are used.
* PPO participants have financial incentives to use the preferred provider network.
* In PPOs, the primary care physician has control over a participant’s access to specialists.
* In PPOs, the fee schedule is different for each participant in the plan.

A

PPOs provide benefits on a fee-for-service basis as their services are used.
PPO participants have financial incentives to use the preferred provider network.
* PPOs typically differ from HMOs in two aspects: First, they provide benefits on a fee-for-service basis as their services are used. Fees are usually subject to a schedule that is the same for all participants in the PPO. Second, plan participants have financial incentives to use the preferred provider network. The primary care physician does not control a participant’s access to specialists, as is the case in most HMO plans.

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24
Q

Section 3 - Group Medical Insurance Summary

Other than the general life insurance requirement, employees also need medical and health care insurance. Medical/health insurance is the most widespread employee benefit, as it meets a critical employee need. It also receives unique tax benefits.

In this lesson, we have covered the following:
* The plan design for health insurance is of three fundamental types: basic plan, major medical plan, and comprehensive plan. The basic plan provides health care services primarily in connection with hospitalization. Major medical plans provide all other health care services that are excluded from the basic plan and fill in the gap in basic coverage. The comprehensive plan is a combination of the other two plans and is now gaining popularity. In fact many employers are replacing the basic and major medical plans with comprehensive plans.
* The benefit structure for many health insurance plans includes employee payment for some part of the cost of the health care services by using deductibles, coinsurance and maximum coverage limits. A deductible is the initial amount specified in the plan that is paid by the employee toward covered benefits and is usually computed annually. Under a coinsurance provision, the employee needs to pay some specified percent of the total cost, usually 20%. The Affordable Care Act prohibits plans from imposing an annual or lifetime maximum benefit amount.
* The plan funding -is covered by the employers in one or a combination of three ways: commercial insurance company contracts, Blue Cross/Blue Shield contracts, and self-funding/self-insurance without contracts. A contract from a commercial insurance company usually provides reimbursement to employees for their expenses for covered medical procedures. A contract may be made with Blue Cross and Blue Shield, which are nonprofit organizations operating within a given geographical area. A contract with these organizations for health benefit plans was originally designed by organizations of hospitals and physicians in order to facilitate the payment of hospital and doctor bills. On the other hand, with self-funding or self-insurance, the employer pays the claims and other costs directly to its employee. In this type of plan funding, the employer pays claims out of current operating revenues or out of a reserve fund accumulated in advance.

A
  • Eligibility and coverage under the health care insurance generally all employees are eligible. However, there are tax law (IRC) provisions that require certain compliance for group health plan coverage. The coverage of health plans includes the COBRA continuation coverage and continuing coverage for retirees. Many employers provide the COBRA continuation coverage for their employees and their dependents for a maximum of 36 months after termination of employment. Many employers also provide continuing coverage for retirees, either for all employees or for a selected group. This type of coverage requires a lot of planning for the design of the plan, as it requires proper funding on the part of the employer.
  • The tax implications for health insurance include deductibility of the cost of premiums as business expenses for the employer. Code sections 419 and 419A rules are applicable to prefunding medical benefits. The employees do not have taxable income either when the employer pays insurance premiums, when benefits are paid, or when the plan reimburses the employee for covered expenses. Employees who itemize and exceed a certain threshold can deduct as specified under Code Section 213.
  • HMO is an organization that provides a complete range of medical care services on a prepaid basis. HMOs are typically more common among the younger employees as they cover all medical expenses without significant deductibles or co-pay provisions. There are three types of HMOs, depending on the benefit structure, and each has its own advantages and disadvantages. Tax implications, eligibility and coverage requirements, including the COBRA provisions for HMOs, are the same as that of any health insurance.
  • PPO is a health care delivery system wherein health care providers get contracts with employers, insurance companies, and union trust funds to provide medical care services. They may take the form of group practices or IPAs. They have their own advantages and disadvantages. PPO subscribers can get the benefit of reduced fees if they consult the PPO physician.
  • Managed Care Plans is a system that controls the financing and delivery of health services to members who are enrolled in an HMO, PPO, or Point of Service Plan.
  • Individual Medical Expense Insurance is used to reduce health costs and premiums as well as to provide deferred tax benefits. HSAs, MSAs, and HRAs are specific savings vehicles which can be used to set aside funds for future medical expenses.
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25
Q

Which type of plan or contract is not considered a postpaid-type health plan?
* Commercial insurance contracts
* Health maintenance organizations (HMOs)
* Self-funded plans
* Blue Cross/Blue Shield contracts

A

Health maintenance organizations (HMOs)
* Health insurance plans can be of two types – prepaid or postpaid. The principal form of prepaid plan is the health maintenance organization (HMO), where the health care provider is paid in advance.

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26
Q

Under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), an employer must provide an option to continue health insurance coverage for an employee whose termination from employment is due to disability for what period of time?
* 12 months
* 36 months
* 18 months
* 29 months

A

29 months
* Many employers provide benefit plans of continuing insurance coverage for employees and their dependents for some time after the termination of employment under the COBRA rule. COBRA requires that if the termination of employment is due to disability, then the coverage should continue for a period of 29 months. If the termination is due to death of the employee, divorce or separation, or bankruptcy, then the continuation period is 36 months, and in all other cases, except misconduct, the time period is 18 months.

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27
Q

Which type of HMO plan involves medical groups but does not directly employ individual doctors and other providers?
* Staff model HMO
* Individual practice associations (IPAs)
* Group practice
* Open panel plans

A

Group practice
* HMOs are basically organized in one of three ways – staff model, group practice or medical group model, and individual practice association. In the group practice model, a contract is signed between the HMO and the medical group or groups that would provide the services to subscribers. However, while the HMO does not directly employ the individual doctors and other providers, subscribers must use only the services of those employed by the HMO under the contract.

28
Q

Which type of PPO plan allows patients to self-refer themselves to specialists within the network?
* Gatekeeper
* Open Panel
* Exclusive Provider
* Medical Referral

A

Open Panel
* In an Open Panel plan, the patient can see different primary care providers and refer himself or herself to a specialist within the network.

29
Q

Name the account that… Employer contributions are fully deductible and any contributions made on behalf of the employee are fully vested and non-forfeitable.

A

Health Savings Account

30
Q

Name the account that… A self-employed individual may contribute if they maintain a high-deductible health plan.

A

Medical Savings Account

31
Q

Name the account that… A self-employed individual is not eligible to contribute.

A

Health Reimbursement Arrangement

32
Q

Section 4 - Cafeteria Plans and Flexible Spending Accounts

All employee benefit plans need not be paid entirely by the employer. Frequently, there is also a need to insure employee dependants, such as spouse, children and ageing parents. In such situations, employees may need to co-sponsor insurance policies along with their employers. Code Section 125 plans are flexible benefit plans that allow employers to develop plans that allow employees to pay for their group coverage on a pre-tax basis. These benefits, also referred to as cafeteria plans, lower the tax liabilities of the employers and thus effectively lower the out-of-pocket cost of buying group insurance. This way the employers also enjoy the benefit of reduction in the amount of taxes paid on behalf of the employees. Cafeteria plans also increase employees’ take home pay or allow them to purchase more benefits for the same amount of after-tax dollars.

Therefore, by designing and implementing a well-developed Section 125 cafeteria plan, employers can meet their cost reduction objectives. Further benefits that can be included in the cafeteria plans are premium payments, medical flexible spending accounts and dependent care benefits.

A

To ensure that you have a solid understanding of cafeteria plans and flexible spending accounts, the following topics will be covered in this lesson:
* Cafeteria Plan
* Flexible Spending Account

Upon completion of this lesson, you should be able to:
* Explain what a cafeteria plan is and when its use is indicated,
* Discuss the advantages and disadvantages of this type of plan,
* Analyze the tax implications of a cafeteria plan,
* Describe the steps involved in setting up such a plan,
* Explain what a flexible spending account plan is and when its use is indicated,
* Describe the basic features, and the advantages and disadvantages of a flexible spending account plan,
* Analyze the tax implications of such a plan, and
* Describe the steps involved in setting up a flexible spending account plan.

33
Q

Which of the following are alternatives to a cafeteria plan? Click all that apply.
* PPO
* Flexible Spending Account (FSA)
* Cash Compensation
* Group Life Insurance
* Fixed Benefit Program

A

Flexible Spending Account (FSA)
Cash Compensation
Fixed Benefit Program
* Alternatives to cafeteria plan are flexible spending account (FSA), a fixed benefit program, and cash compensation.

34
Q

Section 4 - Cafeteria Plans and Flexible Spending Accounts Summary

Employer-sponsored benefit packages often include a combination of various benefit plans, also referred to as cafeteria plans.

In this lesson, we have covered the following:
* The cafeteria plan is the employee benefit package offered by employers wherein employees can choose the form of benefits. This type of plan enables employees to vary benefits within the group and suit benefit needs accordingly. This ultimately increases the satisfaction of the employees. Cafeteria plans have their own advantages and disadvantages. Tax implications for such plans are ruled by Code Section 125.

A
  • The flexible spending account is an alternative type of cafeteria plan funded through salary reductions, where employees can choose between cash and specified benefits. Employers usually use this type of plan when they want to expand employee benefit choices without significant extra out-of-pocket costs or when costs of the employee benefit plan, such as health insurance, increase, and the employer must impose additional employee cost sharing in the form of deductibles or coinsurance. FSA has its own advantages and disadvantages and again Code Section 125 rules are applicable for taxation. Individual plans within the FSA plan need to meet the ERISA requirements. However, in general these plans are exempt from any requirement of advance funding and follow the rules applicable to welfare benefit plans under ERISA, such as written plans, a summary plan description and a formal claims procedure.
35
Q

Why are cafeteria plans popular among employees and employers? (Select all that apply)
* They help choose the form of benefits needed
* They include cash options in lieu of noncash benefits of same value
* They provide tax benefits to key employees
* They are simple to design and less expensive
* They help control cost of the benefit package to the employer

A

They help choose the form of benefits needed
They include cash options in lieu of noncash benefits of same value
They help control cost of the benefit package to the employer
* Cafeteria plans allow employees to choose the form of employee benefits. These plans must include a cash option, wherein employees have an option to receive cash in lieu of noncash benefits of equal value. Cafeteria plans also help control the cost of the benefit package to the employer, as the benefits that are not taken by the employees reduce the employer’s provisionary costs.

36
Q

Under a Section 125 plan (a cafeteria plan), “qualified benefits” – include all of the following except? (Select all that apply)
* Cash
* Scholarships and fellowships
* Medical expenses
* Disability income insurance
* Retirement benefits (not including 401(k) plans)

A

Scholarships and fellowships
Retirement benefits (not including 401(k) plans)
* Under Code Section 125 and its regulations, only certain qualified benefits can be made available. Cash and most tax-free benefits such as medical expenses and disability income insurance are part of the basic benefit package, but the plan excludes scholarships and fellowships under Section 117 and retirement benefits such as qualified or nonqualified deferred compensations.

37
Q

Smith files an FSA election with his employer to reduce his salary by $1,500, which was placed into his FSA benefit book account. At the end of the year, $600 remains in his account. What can Smith do with the amount?
* May carry over the full $600 in his account to the following year
* May carry over only a maximum of $550 in his account to the next year
* May receive the $600 in cash but must include the full amount in income for the current year
* Will forfeit the full $600 if he has not used it by the end of the year

A

May carry over only a maximum of $550 in his account to the next year
* At the end of the year, if expenses are less than predicted, it is forfeited. Only $550 can be carried over to the next year.
* The amount forfeited reverts to the employer as it means that the compensation is not to be paid.

38
Q

Section 5 - Other Employee Benefits

Life insurance, medical, health, disability and other plans are increasingly coming under government regulations. With a growth in medical and other health care liabilities, the benefit issues have started gaining importance. However, there is something more than just medical and life insurance to be considered by employers.

There is a full range of other employee benefits such as fringe benefit plans and welfare benefit trusts. These include (to list but a few examples) dependent care assistance, education benefits, qualified transportation benefits, employee discounts, and other tax-qualified employee fringe benefits, voluntary employees’ beneficiary associations (VEBAs), self-insured medical reimbursement plans, salary continuation benefits, legal service benefits, and long-term care benefits. These plans are an ideal tax shelter strategy used by employers and key employees with high levels of income. The various benefits and welfare trusts that are available are designed differently, depending on the profile of the business and employee mix. However, all employee benefits must be carefully structured and managed to stay within the IRS guidelines.

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To ensure that you have a solid understanding of other employee benefits, the following topics will be covered in this lesson:
* Fringe Benefits
* VEBAs
* Salary Continuation Plan
* Legal Services Plan
* Long-term Care Plan

Upon completion of this lesson, you should be able to:
* Discuss various fringe benefits,
* Analyze the tax implications of various fringe benefits,
* Explain what welfare benefit trusts and VEBAs are and when their use is indicated,
* Discuss the advantages and disadvantages of these types of trusts,
* Distinguish between a welfare benefit trust and a VEBA,
* Analyze the tax implications for employees and for both types of trusts,
* Describe the benefits of using the salary continuation plan,
* Explain what a legal services plan is and when its use is indicated,
* Discuss the advantages and disadvantages of this type of plan,
* Describe the design characteristics of a legal services plan,
* Analyze the tax implications of such a plan,
* Define a qualified long-term care insurance contract, and
* Analyze the tax implications of long-term care insurance.

39
Q

Employee discounts on merchandise are an advantage to the employer because they can still make a profit on the items sold or at least recover its cost but does not have to bear the full cost of marketing and selling the items to the public. State True or False.
* False
* True

A

True
* Discounts on merchandise are almost as valuable as cash to employees but are very inexpensive for the employer because the employer can still make a profit on the items sold or at least recover its cost, but does not have to bear the full cost of marketing and selling the items to the public.

40
Q

Which of the following services is allowed from qualified retirement planning services?
* Legal services
* Tax preparation
* Accounting services
* Brokerage services
* General advice regarding retirement planning

A

General advice regarding retirement planning
* Services may include general advice regarding the employee’s and the spouse’s overall plan for retirement, of which the employer’s qualified plan is only a part.

41
Q
  • Are sports tickets considered taxable under the IRS de minimus fringe rules?
  • Is use of the company apartment for a weekend taxable under the IRS de minimus fringe rules?
  • Is occasional typing of personal letters by company secretary taxable under the IRS de minimus fringe rules?
  • Where there any items that were considered taxable under the IRS de minimus rules that surprised you?
A
  • Are sports tickets considered taxable under the IRS de minimus fringe rules? No, unless seasonal tickets
  • Is use of the company apartment for a weekend taxable under the IRS de minimus fringe rules? Yes
  • Is occasional typing of personal letters by company secretary taxable under the IRS de minimus fringe rules? No
  • Where there any items that were considered taxable under the IRS de minimus rules that surprised you? Taxable - Commuting use of company car more than one day per month
42
Q

Which of the following statements are true about VEBAs? Click all that apply.
* A reversion of assets to the employer is effectively prohibited.
* Smaller employers will find these plans feasible only if they use a vendor of packaged plans provided to groups of employers.
* The funding of VEBA plans through a Section 419A(f)(6) plan is theoretically sound, and there is no possibility of an IRS changes in the Code affecting these programs.
* Installing and administering a WBT or VEBA is easy and inexpensive.

A

A reversion of assets to the employer is effectively prohibited.
Smaller employers will find these plans feasible only if they use a vendor of packaged plans provided to groups of employers.
* Installing and administering a WBT or VEBA is complex and costly. A reversion of assets to the employer is effectively prohibited. Smaller employers will find these plans feasible only if they use a vendor of packaged plans provided to groups of employers. While the funding of such plans through a Section 419A(f)(6) plan is theoretically sound, there is a possibility of an IRS attack or changes in the Code affecting these programs.

43
Q

Which type of benefit provides the most tax advantages to executives in prefunded welfare benefit plans? Click all that apply.
* Retirement benefit
* Severance benefit
* Death benefit
* Welfare benefit

A

Severance benefit
Death benefit
* Prefunded welfare benefit plans designed primarily for executives generally provide severance pay benefits, death benefits, or a combination of the two, since these are the benefits that tend to provide the most tax advantages.

44
Q

Most legal services plans are not designed to cover catastrophic legal expenses, such as a criminal trial. State True or False.
* False
* True

A

False
* Legal expenses such as the cost of a criminal trial can be the kind of catastrophic expense that is best provided through an insurance-type or group benefit program such as a legal services plan.

45
Q

Section 5 - Other Employee Benefits Summary

There are many other employee benefit plans that are of the noncash compensation type or prefunded welfare benefit type. These types of benefit plans have their own advantages, disadvantages, and tax implications. Many of them also have specific design features. However, all are governed by ERISA and all benefit plans need to meet ERISA requirements.

In this lesson, we have covered the following:
* The fringe benefits are noncash compensation benefits to employees, governed by Code Section 132, and include benefits such as employee discounts, company cafeterias and meals plans, qualified transportation, and de minimis fringes. Each of the fringe benefits has some advantages and disadvantages, and is under tax implications.
* VEBAs are not exactly employee benefit plans, but something like prefunded welfare benefit plans, where employers make deposits that will be used to provide specified employee benefits in the future. It is a non-taxable trust with advantages and disadvantages. The key issue with this type of trust is that the prefunding amounts must be tax-deductible and must meet the exception to the rules found in Code Section 419A(f)(6). The kinds of benefits encompassed in VEBAs include life insurance before and after retirement, sick and accident benefits, vacation and recreation benefits, severance benefits, unemployment and job training benefits, and disaster benefits. However, the benefits payable to employees or beneficiaries are subject to the same income tax treatment as if they were paid directly by the employer. In fact, the income of a VEBA is exempt from regular income tax only if all requirements of Code Sections 501(c)(9) and 505 are met and if the organization notifies the IRS, as they are subject to a filing requirement. The ERISA treatment of benefits funded through VEBA is the same as the treatment of any individual benefit plan funded by any other source.

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  • The salary continuation plan -is a nonelective, nonqualified deferred type of compensation plan that provides some deferred amount payable in the future. This plan provides additional benefits along with other benefits provided under other plans and requires no reduction in the covered employee’s salary.
  • The legal services plan is an employer-sponsored plan provided to employees to make legal services available to them when needed. It is a much-desired benefit, as many employees are not adequately funded to hire legal services when required. The expenses of the plan are deductible to the employer and the benefits are taxable to the employees. Generally, all employees are covered in such plans and the design feature includes benefits, such as legal consultations and advice on any matter, personal bankruptcy, adoption proceedings, preparation of wills, deeds, powers-of-attorney and other routine legal documents, and divorce, separation, child custody, and other domestic matters.
  • The long-term care plan is similar to health insurance and is again one of the employer-sponsored benefit packages that provide coverage for nursing homes and home health expenses for chronically ill beneficiaries. Employers usually provide this as an additional tax-favored benefit to employees, which might be too expensive for the employees to consider without the employer’s involvement. The tax benefits for long-term care are ruled by the Health Insurance Portability and Accountability Act of 1996.
46
Q

Which of the following would be taxable to an employee recipient under Code Section 132? (Select all that apply)
* The infrequent use of company employees to type personal correspondence
* Season tickets for a major league baseball team
* Flowers sent to the funeral of an employee’s family member
* Occasional tickets to the theater
* Weekend vacation in company apartment

A

Season tickets for a major league baseball team
Weekend vacation in company apartment
* Under Code Section 132, benefits that are often referred to as de minimis fringe benefit, states that property or services provided to the employees are not taxable if they are too small to be accountable. IRS regulations have provided guidelines with respect to this so that employees cannot misuse the term “small”.

47
Q

An employer’s deduction for contributions to a welfare benefit fund that is not part of a 10-or-more employer plan is generally limited to which of the following?
* The fund’s qualified cost for the tax year
* The fund’s qualified direct cost for the tax year
* The amount that can be added to the fund’s qualified asset account for the tax year
* The fund’s after-tax income

A

The fund’s qualified cost for the tax year
* If a VEBA is not part of the 10-or-more-employer plan and does not qualify under Code Section 419 A(f)(6), then deductible contributions are severely limited. But the VEBA income is set aside in excess of the Code Section 419A limits. So if the contributions are deductible under provisions of the Code in absence of 419 and 419A, they are done under the deduction acceleration limits of the Code Sections 419 and 419A. Thus the employer’s deduction for the taxable year is limited to the qualified cost of the funds.

48
Q

Which of the following is NOT an element in the definition of a “qualified long-term care insurance contract” under Code Section 7702B?
* The only insurance protection provided under the contract is coverage of “qualified long-term care services”
* The contract is guaranteed renewable
* The COBRA continuation coverage requirements
* The contract has no cash value

A

The COBRA continuation coverage requirements
* IRC Section 4980B provides that the COBRA coverage requirements do not apply to coverage under qualified long-term care services. Qualified long-term care services means only specified services provided to chronically ill persons as defined in Code Section 7702B. So all of the above are part of the definition of qualified long-term care services except the COBRA continuation coverage requirements.

49
Q

Joe and Samantha wish to exclude from their income the value of certain retirement planning services provided by their employer for this year. The employer is currently maintaining their qualified retirement plan. Choose the correct options regarding qualified retirement planning services from the given options. (Select all that apply)
* Exclusions are available only if they are highly compensated employees
* Services like tax preparation are included in income
* Accounting services are included in income
* Legal services are included in income
* Brokerage services are included in income

A

Services like tax preparation are included in income
Accounting services are included in income
Legal services are included in income
Brokerage services are included in income
* Services such as tax preparation, accounting, legal, or brokerage services are included in income, without regard to whether they relate to retirement planning.

50
Q

Name the section… All meals provided to employees on business premises are excluded from income if more than half of the employees are provided with meals.

A

Section 119

51
Q

Section 132 provision where property or services are not taxable to an employee if their value is so small it makes accounting for them unreasonable.

A

De minimis fringe

52
Q

Receives compensation from the employer in excess of $130,000 (2021).

A

Highly compensated

53
Q

A prefunded welfare benefit plan.

A

VEBA

54
Q

Module Summary

Today’s competitive job market requires that organizations and employers come up with strategic and competitive employee benefit plans in order to retain good employees. There are different insurance policies that employers can provide for their employees, which cover an array of basic needs.

The key concepts to remember are:
* Group Life Insurance: Policies insure the employees and their dependants for life. The premiums for these policies are paid by the employer and are deductible to the employer as business expenses.
* Group Disability Insurance: Policies provide for income lost from work due to disability. Disability can be short-term (3 months) or it can be long-term (6 months up to maximum 65 years of age).

A
  • Group Medical Insurance: Policies provide reimbursement or direct payment of claims by employees for medical and health care services. Medical insurance can be either on prepaid or postpaid basis.
  • Cafeteria Plans and Flexible Spending Accounts: Policies provide employees a chance to choose their own benefit plans to suit their needs. Thus, these plans offer the same benefit to the entire group but vary with the individual.
  • Other Employee Benefits: Policies can be either of noncash compensation or prefunded welfare benefit type.
55
Q

Lesson 9. Employee Benefit Plans

EXAM Lesson 9. Employee Benefit Plans

Course 5. Retirement Planning

A
56
Q

Which of the following statements below is NOT correct regarding a voluntary employees’ beneficiary association (VEBA) plan?
* Much like a qualified retirement plan, funds remaining when an employee leaves employment can revert to the employer.
* A VEBA can be used to provide benefits to owner-employees of a company.
* Smaller employers will find these plans feasible only if they use a vendor of packaged plans provided to groups of employers.
* VEBA funds are not subject to creditors of the employer.

A

Much like a qualified retirement plan, funds remaining when an employee leaves employment can revert to the employer.
* Once contributed to the plan, funds in a VEBA cannot revert to the employer.

57
Q

If an employer provides and pays the premiums for long-term care insurance as an employee benefit, generally, which of the following statements correctly describes the tax treatment of the premiums and benefits paid under the policy?
* The premiums paid by the employer are taxable to the employee and the benefits paid under the policy are tax-free to the employee.
* The premiums paid by the employer are tax-free to the employee and the benefits paid under the policy are taxable.
* The premiums paid by the employer and the benefits paid under the policy are taxable to the employee.
* The premiums paid by the employer and the benefits paid under the policy are tax-free to the employee.

A

The premiums paid by the employer and the benefits paid under the policy are tax-free to the employee.
* Generally, premium costs are deductible to the employer, and premiums and benefits are nontaxable to the employee or beneficiary.

58
Q

Which of the following statements is NOT correct regarding a flexible spending account (FSA)?
* An FSA is funded through employee salary reductions.
* An FSA is a type of cafeteria plan that provides employees with some degree of choice as to whether to receive compensation in cash or benefits.
* Salary reductions elected by employees to fund nontaxable benefits under the plan are subject to payroll taxes.
* The plan may result in a reduction in employment taxes paid by the employer.

A

Salary reductions elected by employees to fund nontaxable benefits under the plan are subject to payroll taxes.
* Salary reductions elected by employees to fund nontaxable benefits under the plan are not subject to payroll taxes resulting in savings to both the participant and the employer.

59
Q

Each of the following statements regarding cafeteria plans is correct EXCEPT:
* IRC Section 125 requires cafeteria plans to be standardized and offer specific benefits.
* Cafeteria plans are more complex and expensive for the employer to design and administer.
* Cafeteria plans help give employees an appreciation of the value of their benefits package.
* The flexibility of a cafeteria benefit package helps meet varied employee needs.

A

IRC Section 125 requires cafeteria plans to be standardized and offer specific benefits.
* One of the attractive features of a cafeteria plan is that the benefits offered can be customized to best suit the various needs of a specific company’s employees; benefits are not standardized.

60
Q

Flexible spending accounts (FSAs) minimize employee outlay by converting after-tax employee expenditures to before-tax expenditures.
* False
* True

A

True
* Without a flexible spending account (FSA), an employee pays for allowable expenses, such as medical plan deductibles with after-tax dollars. A FSA allows these same expenses to be paid for with before-tax dollars.

61
Q

Which of the following statements is CORRECT regarding cafeteria plans as an employee benefit?
* Cafeteria plans are often used when employee benefit needs are fairly similar within the employee group.
* A flexible spending account (FSA) is a type of cafeteria plan.
* Cafeteria plans are favored by small employers because they are inexpensive to administer, thus providing a low-cost employee benefit.
* Typically, cafeteria plans are funded through employee salary deferrals.

A

A flexible spending account (FSA) is a type of cafeteria plan.
* A flexible spending account (FSA) is a type of cafeteria plan that provides very specific tax benefits and is often used even by smaller employers, including closely-held businesses. FSAs feature benefit funding through salary reductions by employees.

62
Q

Sue, age 40, is paid a salary of $120,000 per year. Her employer sponsors a group term life insurance plan providing coverage of three times salary. If the IRC Section 79 rate for Sue’s age is $0.10 per thousand, per month, what amount of Sue’s taxable benefit must be recognized for this year?
* $310
* $252
* $372
* $36

A

$372
* Sue must recognize an economic benefit of $372:
3 x 120,000 = 360,000
360,000 – 50,000 = 310,000
310,000/1,000 = 310
310 x 0.10 x 12 = 372

63
Q

Each of the following statements regarding a group carve-out life insurance plan is correct EXCEPT:
* Underwriting is typically done on an individual basis.
* Coverage is required to be the same for each participant to comply with nondiscrimination rules.
* Most plans involve level-premium insurance contracts with a guaranteed premium.
* Premiums paid by the corporation are nondeductible if the corporation is beneficiary.

A

Coverage is required to be the same for each participant to comply with nondiscrimination rules.
* Under a carve-out plan, coverage may vary for each participant.

64
Q

Suzi, age 40, is paid a salary of $120,000 per year. Her employer sponsors a group term life insurance plan providing coverage of three times salary. If the IRC Section 79 rate for Suzi’s age is $0.10 per thousand, per month, what amount of Suzi’s taxable benefit must be recognized for this year if she contributes $10 per month for the coverage?
* $252
* $0
* $36
* $310

A

$252
* Suzi must recognize an economic benefit of $252:
3 x 120,000 = 360,000
360,000 – 50,000 = 310,000
310,000/1,000 = 310
310 x 0.10 x 12 = 372
372 – 120 = 252

65
Q

Under a group disability insurance plan, which definition of disability is MOST advantageous to the insurance company?
* “Qualified for” definition of disability
* Any occupation definition of disability
* Own occupation definition of disability

A

Any occupation definition of disability
* The ‘any occupation definition of disability’ is most advantageous to the insurance company because it is the most difficult definition of disability for the insured to qualify for benefits.