Compliance Overview – Using Affordability Safe Harbors to avoid ACA Penalties
The Affordable Care Act (ACA) requires applicable large employers (ALEs) to offer affordable, minimum-value health coverage to their full-time employees (and dependents) or risk paying a penalty to the IRS. This employer mandate is also known as the“pay-or-play” rules. An ALE is an employer with at least 50 full-time employees, including full-time equivalent employees,during the preceding calendar year.
Because an employer generally will not know an employee’s household income, the IRS has provided three optional safe harbors that ALEs may use to determine affordability based on information that is available to them: the Form W-2 safe harbor, the rate-of-pay safe harbor and the federal poverty line (FPL) safe harbor
Compliance Tracker – July
Upcoming Compliance Dates:
A | Final Deadline for EEO-1 Data Collection – July 9, 2024
Private-sector employers with 100 or more employees and certain federal contractors must file EEO-1 reports with the Equal Employment Opportunity Commission (EEOC) each year. No additional reports for 2023 will be accepted by the EEOC after July 9, 2024.
B | Regular Deadline for Filing Form 5500 (Calendar-year Plans Only) – July 31, 2024
Employers with ERISA-covered employee benefit plans that operate on a calendar year must file Form 5500 for the 2023 plan year by July 31, 2024, unless an extension is requested or a reporting exemption applies.
C | Deadline for Paying PCORI Fees(Self-insured Plans Only) – July 31, 2024
Employers with self-insured health plans must report and pay fees to fund the Patient-Centered Outcomes Research Institute (PCORI) by July 31, 2024.