Group Term Life Insurance: Getting Your Ducks in a Row

NFP Corp.

Employers that offer Group Term Life Insurance (GTLI) have several compliance obligations related to this popular employee benefit. Whether the premium for GTLI is entirely employer-paid or employee-paid (referred to as supplemental, voluntary, or optional life policies), GTLI benefits must follow applicable ERISA fiduciary, disclosure, and reporting requirements and IRC Section 79 rules on nondiscrimination and imputed income.

In this webinar, the Benefits Compliance team reviewed the compliance obligations related to GTLI.

Agenda

Introduction

• Why now?

Overview of Group Term Life Insurance

• Key terms
• Design features

ERISA Rules

• Applicability
• Fiduciary status
• Administering GTLI Benefits
• Corrective actions

Tax Rules/IRC Section 79

• Applicability
• Nondiscrimination
• Imputing income
• Dependent coverage

Conclusion

• Takeaways

Key Takeaways

• Widespread non-compliance in:
  • GTLI administration (notices, communicating plan terms, deductions); and
  • Taxation of coverage (nondiscrimination & imputing income)
• Increased number of lawsuits challenging administration mistakes under ERISA, and new DOL enforcement (Prudential investigation)
  • Risk of liability for full benefit; DOL audit; and lost benefits for employees
  • Employers need to review current and past practices, and:
    • Correct going forward
    • Discuss and address past mistakes with legal counsel – we can’t advise on remedy, risk remains with past mistakes
• Unaware of any current vigorous IRS enforcement under Section 79, but important to satisfy rules on nondiscrimination and imputing income
  • Correct going forward
  • Discuss any retroactive tax mistakes with tax advisor/legal counsel

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