Christine Roberts Posted December 17, 2004 Report Share Posted December 17, 2004 County Agency administers publicly funded health care plans serving County residents. It is a creature of state law and its board is chosen by County Board of Supervisors. The Agency devises a health insurance product directed at a sub-class of employees of another, unrelated County Agency. The Agency is also considering offering the health insurance coverage to other County employees, to School Board employees, to its own employees, and to members of the public. Is it safe to assume: 1) that offering the health insurance to employees of the sponsoring Agency would be an employee welfare benefit plan that is exempt from ERISA Title I as a governmental plan? 2) that offering the health insurance to members of the public would not implicate ERISA but would instead fall within the state's insurance laws, under ERISA's savings clause? 3) that offering the health insurance to other governmental employees (e.g., employees of the School Board and the County) would not implicate ERISA but would instead fall under the state's government code provisions governing benefits for civil servants? Or is it also possible that the Agency sponsoring the health insurance could be deemed to be an "employer" of non-Agency governmental employees, either under by acting "indirectly in the interests of an employer" under ERISA Sec. 3(5), or under common control/controlled group principles under the "good faith" standard set forth in IRS Notice 95-48? Any advice/commentary welcomed. Link to comment Share on other sites More sharing options...
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!Register a new account
Already have an account? Sign in here.Sign In Now