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Proposed Regulations for Individual Coverage HRAs


1 minute read

Starting January 1, 2020, some employers will be able to offer individual coverage HRAs (ICHRAs) to help employees pay for individual health insurance. Final rules were established in June 2019 but there were questions about how existing federal rules will apply to ICHRAs.

The IRS recently published proposed regulations on how the ACA’s pay or play rules (Section 4980H) and IRS Code Section 105(h) nondiscrimination requirements will affect ICHRAs. If certain requirements are met, offering an ICHRA would generally satisfy an employer’s pay or play obligation. Applicable large employers (ALEs) may use the affordability safe harbors to determine affordability for an ICHRA.

Comments on the proposed rules will be accepted until December 30, 2019. Employers can generally rely on the guidance provided in the proposed rule prior to a final rule being issued.

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National Insurance Services is not a law firm and no opinion, suggestion, or recommendation of the firm or its employees shall constitute legal advice. Readers are advised to consult with their own attorney for a determination of their legal rights, responsibilities and liabilities, including the interpretation of any statute or regulation, or its application to the readers’ business activities.

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Mike Strobl

Mike Strobl

Mike Strobl sees goodness everywhere he looks. One reason he joined National Insurance Services (NIS) was because he saw how they treat their customers, their employees and the community, and how they continually strive to be better. Mike tries to embody the golden rule, “Treat others as you would like to be treated.” As a Retirement Income Account Representative for NIS and MidAmerica Administrative & Retirement Solutions, Mike services 403(b) Special Pay Plans and Health Reimbursement Arrangements (HRAs). Mike is a licensed Health and Life Insurance agent.