Stop loss premiums paid through VEBA

[Guest Jay Walters]

If an employer purchases stop loss coverage for a self-funded health plan with VEBA funds (instead of from employer's general assets), is there an anti-inurement or prohibited transaction problem?

[Guest BENEFISH]

If the employer buys the stop-loss policy to protect itself (meaning the employer is named as the insured in the stop-loss contract), plan assets should not be used (meaning plan assets have inured to the employer). If the VEBA is named as the insured, plan assets can be used. The latter situation is very rare.