Union plan - benefits negotiated incl opting out of health ins for cash.

[Guest jc1457]

Hi,

I will try to give as much info as possible with this. I think something is wrong here and want to confirm this.

We have an employer who's employees are covered by several different unions. One of the unions has negotiated a type of arrangement for their healthcare coverage. For any employee who wants health insurance, the employer pays for the health insurance. For any employee who does not elect to have health insurance, they are set up with an annual $4000 reimbursement account. They can submit medical receipts to the employer who will then reimburse the employee for a maximum of $4,000 per year. Everything is done tax free. At the end of the year, any money left in the employee's account remains with the employer - so if receipts are not submitted, no payment is made to the employee. Again, all reimbursements are done tax free to the employee.

My issue is, there is no cafeteria plan in place. Shouldn't there be one? Is there any way to set something like this up without a cafeteria plan? I am not familiar with unions and wonder if unions have greater flexibility?

These are union negotiated benefits, with several attorneys involved. I would be surprised if they were doing something that was not previously researched.

Thank you so much for any help you can give.

[J Simmons]

So the choice an EE has is between health insurance coverage (tax free under 106a) or a $4,000/yr medical expense reimbursement benefit (tax free under 105h). No cash option. No option for other taxable benefits. No constructive receipt of cash/taxable benefit, since no choice of that. No constructive receipt, no need to satisfy IRC 125.