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Questions About Establishing a Health & Wellness Program

Peter Karl III w/Dominick G. Mondi

Peter Karl III w/Dominick G. Mondi

Peter Karl III w/Dominick G. Mondi

In their article in the CPA Journal: The Voice of the Profession, entitled "20 Questions About Establishing a Health & Wellness Program in the Workplace, Peter Karl III and Dominick G. Mondi... (click to "Read More" for entire article)

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WIMPER & SIMERP

Peter Karl III w/Dominick G. Mondi

Peter Karl III w/Dominick G. Mondi

DEFINITIONS:

WIMPER: Wellness Integrated Medical Plan Expenses Reimbursement Program

SIMERP: Self-Insured Medical Reimbursement Plan

WIMPER SAVES EMPLOYERS

Peter Karl III w/Dominick G. Mondi

WIMPER SAVES EMPLOYERS

WIMPER/SIMERP program saves employers money due to a reduction in FICA taxes paid because the amount elected by the employee to be contributed to the plan is not considered to be wages and therefore NOT taxable for Social Security purposes.

WHY WOULD EMPLOYEES WANT TO PARTICIPATE IN A WIMPER PROGRAM

Purchase Benefits w/out impacting Net Pay

IRC Section 106(a) allows employers to make pre-tax contributions to a wellness plan

IRC Section 106(a) allows employers to make pre-tax contributions to a wellness plan

It provides the opportunity to purchase additional benefits, that might not otherwise be affordable without affecting    net pay.

IRC Section 106(a) allows employers to make pre-tax contributions to a wellness plan

IRC Section 106(a) allows employers to make pre-tax contributions to a wellness plan

IRC Section 106(a) allows employers to make pre-tax contributions to a wellness plan

These pre-tax contributions are made at the election of the employee through a written salary reduction agreement that is the basis for a Section 125 Cafeteria Plan.

Employees Reduce their taxable wages

IRC Section 106(a) allows employers to make pre-tax contributions to a wellness plan

Employees Reduce their taxable wages

By contributing a portion of their salary to pay for qualified benefits, employees reduce their compensation as their contributions are not considered wages for income tax purposes.

WIMPER program

A WIMPER Program allows a company to make a benefit allowance available to employees with reimbursements for participation in a wellness plan.

This results in lower Federal Insurance Contributions Act (FICA) taxes for both the employer and employee. (see samples above)

A compliant self-insured platform has the following:

Salary Reduction Agreement

Salary Reduction Agreement

Salary Reduction Agreement

A salary reduction agreement that allows the employee to make pre-tax contributions to a Section 125 Cafeteria Plan to pay for qualified benefits, such as accident & health benefits or group benefits, such as term life insurance.

IRC Section 106

Salary Reduction Agreement

Salary Reduction Agreement

An IRC Section 106 wellness plan funded with pre-tax dollars (e.g., from cafeteria or other qualified plan.

SIMERP

Salary Reduction Agreement

SIMERP

A SIMERP that provides for tax-free reimbursements of medical care expenses described in IRC Section 105(b) and defined in IRC Section 213(d). This includes, but is not limited to, insurance covering medical care.

Wellness Plan complies with HIPAA & new ADA

HIPAA Reg. Do Not Impose Limits...

Plans May Allow Participants to Change Elections Based on Following:

HIPAA Reg. Do Not Impose Limits...

HIPAA regulations do not impose limits on incentives on a participatory program such as one that only asks employees to complete a Health Risk Assessment.

IRS Compliance

Plans May Allow Participants to Change Elections Based on Following:

HIPAA Reg. Do Not Impose Limits...

In order to remain complaint with the IRS requirements, how is the deduction and reserve handled under a WIMPER program for an employee who is no longer meeting all of the plan participation requirements?

Plans May Allow Participants to Change Elections Based on Following:

Plans May Allow Participants to Change Elections Based on Following:

Plans May Allow Participants to Change Elections Based on Following:

  1. Significant cost changes or reduction of coverage.
  2. Addition or improvement of benefit package options.

...Participating Employees Receive Same Incentive

...Participating Employees Receive Same Incentive

Plans May Allow Participants to Change Elections Based on Following:

As long as all participating employees within a given class receive the same incentive regardless of the answers provided on a Health Risk Assessment about their health status or medical history, these wellness programs do not violate HIPAA and the ADA. This includes financial and in-kind incentives (e.g., reductions in insurance premiums, cash, time-off awards, prizes and other items of value.

Compliance Same as Any Section 125 Cafeteria Plan

...Participating Employees Receive Same Incentive

Compliance Same as Any Section 125 Cafeteria Plan

The plan sections are irrevocable unless there is a change in status based on one of the following:

  • Marital Status
  • Number of Dependents
  • A Dependent Satisfying or Ceasing to Satisfy Dependent Eligibility Requirements
  • Employment Status
  • Change in Residence
  • Commencement or Termination of Adoption Proceedings

HIGHLY COMPENSATED EMPLOYEES

Can highly compensated employees contribute additional amounts to a cafeteria plan and subsequently receive more medical reimbursements under a WIMPER Program?

Highly compensated employees (HCEs) may receive more reimbursements, but these may be taxable.

Testing must be performed each year in order to determine whether the plan is non-discriminatory in favor of HCEs. Employers must ensure that most of the eligible employees benefit from the company plan.

A SIMERP, which is a part of a WIMPER Program, allows for separate employee classifications; and therefore, if the WIMPER program meets all other participation requirements, the combined platform may give HCEs higher after-tax reimbursements to purchase additional benefits (e.g., disability policy).

Even if the classification is uniform for all participants and reimbursements are the same (e.g., do not allow for a higher level of reimbursement), these plans may still be appealing to HCEs as the supplemental insurance can cover a portion of the risk in a cost-effective way.

Guidance from IRS re: Self-Funded Health Plans

Reimbursed for Medical Care

Reimbursed for Medical Care

Reimbursed for Medical Care

In Memorandum 201703013, (Dec. 12, 2016), the IRS Chief Counsel stated that payments received by employees under an employer-provided fixed indemnity health plan were considered gross income under IRC Section 106(a) if the value of the coverage was excluded from an employee's gross income and wages.


But the value of an employer-provided wellness program that reimburses employees for medical care as defined under IRC Section 213(d) is generally excluded from an employee's gross income under IRC Section 106(a), as any amounts reimbursed for medical care (i.e., rewards, incentives, or other benefits) under IRC Section 105(b).


This memorandum clarifies the tax treatment of payments received from a fixed indemnity health plan is considered gross income if the contributions were made pre-tax as the exclusions under IRC Sections 105(b) and 104(a)(3) do not apply.


'

IRC Section 106

Reimbursed for Medical Care

Reimbursed for Medical Care

In Memorandum 201719025 (April 24,2017), the Chief Counsel concluded that wellness plans independently qualify as accident and health plans under IRC Section 106 and contributions to an IRC Section 125 Cafeteria Plan are considered pre-tax.

Flex Credits Non-Taxable

Reimbursed for Medical Care

Flex Credits Non-Taxable

Furthermore, the Chief Counsel expressed that flex credits awarded under a wellness plan are non-taxable if used to purchase qualified benefits such as group term life insurance, but are taxable if used to purchase non-qualified benefits such as whole life insurance coverage or a gym membership.

WOULD A REPEAL OF ACA IMPACT WIMPER PROGRAM?

ACA repeal would not impact participatory wellness plans associated with the WIMPER program.

The ACA amended Employee Retirement Income Security Act (ERISA) to prohibit wellness plans from discriminating against individual participants and beneficiaries based on health status.

Participatory programs that reward individuals for attending a period health education seminar or offer health coaching to guide participants by providing education and support in several areas including exercise and nutrition, area likely to remain permitted even without ACA.

The WIMPER concept allows employees to receive cash reimbursement for wellness programs.

In addition, employees can save income taxes because, when part of a WIMPER program, pre-tax contributions of gross pay are made to an IRC Section 125 Cafeteria Plan.

More Reading on WIMPER

Lowering Workers Comp Costs w/WIMPER Wellness PlanTop 4 Wellness ProgramsAre Health & Wellness Really Related?

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