datadan

Larry, thank you for comment. This is helpful. This is a confusing situation, and it is in litigation currently. Do you know where I can find any documentation or rules that can be used to affirm your two statements: " If the employer's comment is outside of the CBA, then it is not correct that there can be a mandatory 125 contribution. " " It is legal to have a union agreement that makes a certain benefit mandatory and employee paid, but then the language of the agreement must say that." Thank you so much,

Can an employer require employees to take a certain election through a 125 plan? If it's a requirement, then isn't it not an election anymore? The employer with the union and the CBA can create the cafeteria menu, but can they force an employee through the cafeteria line? If the CBA states: " fringe benefit 1, fringe benefit 2, and fringe benefit 3 are the responsibility of the employee through the 125 plan". Employer states, there will be a mandatory wage deduction for benefit 1, because the union has "elected" option A on your behalf without any express authorization, doesn't this violate the principle of 125 plan choice? Thank you in advance for your thoughts.