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Posted

An employer has set up the plan to permit a greater death benefit for long term than for shorter term employees. If an employee terminates service and is then reemployed 3 years later, would the prior service count so that he gets the higher death benefit, or would he have to start accumulating years of service again before getting the higher benefit?

Posted

I think (hope) that this is just a matter of writing style.

What are the limits on the death benefit?

Is it the "core" amount that is limited or is it the "buy up"?

Are these employees separated as a class? If so is length of service the only criteria?

George D. Burns

Cost Reduction Strategies

Burns and Associates, Inc

www.costreductionstrategies.com(under construction)

www.employeebenefitsstrategies.com(under construction)

Posted

Frankly, I was assuming that someone else (the insurance agent?) confirmed that there isn't a discrimination issue a long time ago when this was set up. So, I wasn't concerned with the difference in benefits -- only whether they have to offer the higher benefit to the rehired employee.

I'll see what I can find out about who checked out the issue way back when, but I'm getting the idea that you think something may be amuck here. My understanding was that the employer pays for the coverage up to $50,000 for employees with less than 15 years of service and $75,000 for employees with over 15 years. But since that wasn't my focus, I might not have the facts right.

Posted

katieinny-

Other issues raised are relevant and should be addressed. The administrator of the group insurance plan should be doing the nondiscrimination testing under Section 79. However no one has answered your question directly.

Q: "If an employee terminates service and is then reemployed 3 years later, would the prior service count so that he gets the higher death benefit, or would he have to start accumulating years of service again before getting the higher benefit?"

A: It depends on the plan document or policy.

Posted

Thank you, Vebaguru. We're having the agent check with the insurance company's legal department to determine whether there is a discrimination issue. They've written the policy to say that prior service will not be considered in the case of rehired employees.

Posted

kateinny,

As a licensed insurance agent, I would suggest that you do not rely on any insurance agent to clarify anything with any insurance company. You are leaving your comapny exposed to any errors in translation, interpretation, understanding etc.

It is too important an issue for He said that she said.

And get everything in writing.

George D. Burns

Cost Reduction Strategies

Burns and Associates, Inc

www.costreductionstrategies.com(under construction)

www.employeebenefitsstrategies.com(under construction)

  • 2 weeks later...
Posted

I guess that you do not have much in the way of requirements and standards.

George D. Burns

Cost Reduction Strategies

Burns and Associates, Inc

www.costreductionstrategies.com(under construction)

www.employeebenefitsstrategies.com(under construction)

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