Legal Alert: Health Insurance for Terminating Executives

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Self-insured health plans have long been subject to nondiscrimination rules under Section 105(h) of the Internal Revenue Code. Those rules prohibit the plan from discriminating in favor of highly-compensated employees regarding both eligibility to participate in the plan and the benefits to which a participant is entitled. Failure to comply with these nondiscrimination rules results in taxability of the benefits paid to highly compensated individuals.

Please see full Alert below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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