cafeteria plan and nondiscrimination testing

[lexi]

A company wants to charge EE 2% for single coverage, 3% for EE +1, and 4% for family--regardless of the EE's salary and whether he or she is an HCE or NHCE.

The safe harbor in 125(g) is written in terms of cost, not a percentage of salary. It seems like the ER can't charge a flat % rate of the EE's salary where the % bears no relationship to the actual cost of the health insurance. For example, an HCE earning $200,000 would pay $4,000 for single coverage whereas an NHCE earning $50,000 would pay $1,000 for the same coverage. Obviously, this does not discriminate in favor of HCEs as they are paying more than a NHCE.

Would a flat % contribution scheme work under the 125 regs or is it discriminatory?