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ACA Shared Responsibility Penalties: Am I Subject to (b) or Not to (b)? That Is the $3,000 Question!
Proskauer's ERISA Practice Center Link to more items from this source
[Guidance Overview]
Feb. 17, 2014

"The '(b)' penalty could apply if the employer does offer coverage, but that coverage is either unaffordable or does not provide 'minimum value' as defined by regulation.... Could an employer that offers coverage to at least 70% of its full-time employees in 2015 still be subject to the '(b)' penalty for 2015? If so, would that penalty apply only to the employees who are actually offered coverage that is either unaffordable or fails to provide minimum value? Or, does that '(b)' penalty also potentially apply to the group of employees who had no offer of coverage at all, i.e., those in the up to 30% group to whom coverage does not have to be offered under the transition rule?"

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