"Voluntary benefits have been available for decades, but the whirlwind of changes in how health insurance is purchased and delivered since the implementation of the [ACA] has forced employers and employees to seek solutions to address increasing gaps in traditional health insurance plans that have created larger out-of-pocket costs. Increasingly, voluntary benefits are evolving into a meaningful option that more employers are offering to employees. Many plan sponsors might be surprised to learn that their 'voluntary plans' are not truly voluntary under [ERISA], and that, consequently, the sponsors have not met their ERISA compliance obligations."

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