The Event

What Employers Need to Know about Opt-Out Arrangements

This 60-minute intermediate level webinar will help employers understand opt-out arrangements and spousal waivers.

The Speaker

Melissa Shimizu || Fisher Phillips’ Irvine Office

This webinar will provide an overview of opt-out arrangements and spousal waivers by:

  • Describing what an opt-out arrangement is
  • Illustrating how opt-out arrangements may be structured, including whether the arrangement should be structured differently when it involves a fully-insured plan versus a self-funded plan
  • Describing how opt-out arrangements may be used with active employees and at employment termination as part of a severance agreement
  • Briefly describing spousal waivers, including spousal surcharges
  • Highlighting additional considerations such potential discrimination issues, interaction with Medicare Secondary Payer rules, the Patient Protection and Affordable Care Act (ACA) prohibition against employer reimbursement of individual coverage premiums, ACA affordability calculations, taxation of opt-out payments, and how the opt-out payment is considered under the Fair Labor Standards Act (FLSA) when calculating overtime for hourly workers in certain states
  • Describing best practices in offering an opt-out arrangement, including sample language
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