Two-Employee Married Family Plans

Hello -- what is your take on an employer offering two-employee, married, family plans?  In general, these could be cheaper than asking each employee to fund a plan.  Does this violate ERISA if all employees of these "similarly situated individuals" are offered this discounted plan?

This is just a plan design question.  Check the plan materials (SPD, carrier/TPA/stop-loss, etc.) to see if it's directly addressed.  If not, any consistent approach should be fine.

Your reference as to whether it might "violate ERISA"--that would generally only be an issue where an approach conflicted with plan terms or was not administered consistently in similar circumstances.  Employers generally have the discretionary authority under ERISA and the terms of the plan to interpret plan terms in a consistent manner.

• More discussion: https://www.newfront.com/blog/j-and-j-case-practical-considerations-the-core-four-erisa-fiduciary-duties-part-2

Slide summary:

2026 Newfront ERISA for Employers Guide

Thank you very much.  If I am interpreting all of this correctly, it would be fine for an employer to offer the benefit of lower health care rates to two employee families, as long as the employer offered the same lower rate to all two employee families. 

Is that correct?