Starting in 2015, the Affordable Care Act (ACA) requires applicable large
employers to offer affordable, minimum value health coverage to their full-time
employees (and dependents) or pay a penalty. The employer penalty rules are also
known as the employer mandate or the gpay or playh rules.
Also, effective for 2014, affordability of health coverage is used to
determine whether an individual is:
- Eligible for a premium tax credit for a health plan purchased through an
Exchange; and
- Exempt from the penalty for not having minimum essential coverage.
For plan years beginning in 2015, an applicable large employerfs health
coverage will be considered affordable under the pay or play rules if the
employeefs required contribution to the plan does not exceed 9.56 percent of the
employeefs household income for the year.
Applicable large employers can use one of the IRSf affordability safe
harbors to determine whether their health plans will satisfy the 9.56 percent
requirement for 2015 plan years, if requirements for the applicable safe harbor
are met.
This adjusted affordability percentage will also be used to determine
whether an individual is eligible for a premium tax credit for 2015. Individuals
who are eligible for employer-sponsored coverage that is affordable and provides
minimum value are not eligible for a premium tax credit.
Also, Revenue Procedure 2014-37 adjusts the affordability percentage for
the exemption from the individual mandate for individuals who lack access to
affordable minimum essential coverage. For plan years beginning in 2015,
coverage is unaffordable for purposes of the individual mandate if it exceeds
8.05 percent of household income.
Employer Mandate
The pay or play rules apply only to applicable large employers. An
gapplicable large employerh is an employer with, on average, at least 50
full-time employees (including full-time equivalents) during the preceding
calendar year.
Many applicable large employers will be subject to the pay or play rules
starting in 2015. However, applicable large employers with fewer than 100
full-time employees may qualify for an additional year, until 2016, to comply
with the employer mandate.
Affordability Determination
The affordability of health coverage is a key point in determining whether
an applicable large employer will be subject to a penalty.
For 2014, the ACA provides that an employerfs health coverage is considered
affordable if the employeefs required contribution to the plan does not exceed
9.5 percent of the employeefs household income for the taxable year. The ACA
provides that, for plan years beginning after 2014, the IRS must adjust the
affordability percentage to reflect the excess of the rate of premium growth
over the rate of income growth for the preceding calendar year.
As noted above, the IRS has adjusted the affordability percentage for plan
years beginning in 2015 to 9.56 percent. This adjusted affordability percentage
will also be used to determine whether an individual is eligible for a premium
tax credit for 2015.
The affordability test applies only to the portion of the annual premiums
for self-only coverage and does not include any additional cost for family
coverage. Also, if an employer offers multiple health coverage options, the
affordability test applies to the lowest-cost option that also satisfies the
minimum value requirement.
Affordability Safe Harbors
Because an employer generally will not know an employeefs household income,
the IRS created three affordability safe harbors that employers may use to
determine affordability based on information that is available to them.
The affordability safe harbors are all optional. An employer may choose to
use one or more of the affordability safe harbors for all its employees or for
any reasonable category of employees, provided it does so on a uniform and
consistent basis for all employees in a category.
The affordability safe harbors are:
- The Form W-2 safe harbor (affordability determined based on Form W-2 wages
from that employer)
- The rate of pay safe harbor (affordability determined based on an
employeefs rate of pay)
- The federal poverty line (FPL) safe harbor (affordability determined based
on FPL for a single individual)
Individual Mandate
Beginning in 2014, the ACA requires most individuals to obtain acceptable
health insurance coverage for themselves and their family members or pay a
penalty. This rule is often referred to as the gindividual mandate.h Individuals
may be eligible for an exemption from the penalty in certain
circumstances.
Under the ACA, individuals who lack access to affordable minimum essential
coverage are exempt from the individual mandate. For purposes of this exemption,
coverage is affordable for an employee if the required contribution for the
lowest-cost, self-only coverage does not exceed 8 percent of household
income. For family members, coverage is affordable if the required contribution
for the lowest- cost family coverage does not exceed 8 percent of
household income. This percentage is to be adjusted annually after 2014.
For plan years beginning in 2015, Revenue Procedure 2014-37 increases this
percentage from 8 percent to 8.05 percent.