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Employer is considering setting up a premium only plan providing for e/ee's to pay a portion of the health insurance premium. I assume that the Sec. 125 nondiscrimination rules apply. Employer has 14 HCE's and 34 NHCE's. Is there any way to assess the potential of failing the nondiscrimination req's prior to actually adopting the premium only plan? How feasible would it be to survey the e/ee's to see who would stay in and who would opt out in order to get a handle on the potential nondiscrimination issue? Thanks for your help.

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