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Is Everyone Invited?

A Party Guide to Nondiscrimination Testing
November 21, 2024

Welcome to a nondiscrimination testing party! Join our party planning team as we break down the essentials of welfare benefit nondiscrimination testing: 

  • What’s on the menu? (Major medical coverage, health FSA, DCAP, etc.) 
  • Who’s invited? (Employees, maybe highly compensated employees, but not independent contractors) 
  • Who gets to eat? (Eligibility and benefits tests) 
  • When to party? (Testing timing) 
  • What to do if the party gets out of hand? (Addressing a discriminatory plan design) 

This lively session is filled with real-world examples and practical tips to help you understand the FUNdamentals of nondiscrimination testing.

Agenda

Nondiscrimination Core Concepts 

  • Tests generally fall into three categories:  
    • Eligibility  
    • Availability  
    • Utilization 
  • Objective vs. Subjective Tests 
  • When to Test 
  • Scenarios/Examples 
  • Cautionary Tales

Key Takeaways

Employer Considerations 

  • Test Early
    • Conduct tests early to allow for time to make any appropriate adjustments. 
  • Offer Benefits Equitably
    • Consider employee population, waiting periods, and other imposed limitations. 
  • Evaluate Eligibility
    • Expanding benefits to previously excluded groups could be helpful.
    • Consider a cost/benefit analysis.

NFP Benefits Compliance Resources 

For further information, please ask your broker or consultant for a copy of the NFP publications Sections 105 and 125 Nondiscrimination Rules: A Guide for Employers, Section 129 Dependent Care Assistance Program Nondiscrimination Rules: A Guide for Employers, Quick Reference Chart: Nondiscrimination Rules

Is Everyone Invited?

A Party Guide to Nondiscrimination Testing


https://www.nfp.com/insights/guide-to-nondiscrimination-testing/
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