Employers and Insurance Brokers Need to Act Now to Give the IRS Input on Discrimination Testing for Health Insurance


By Ric Joyner, MBA, CEBS, GBA, CFCI

The IRS is seeking comments regarding new non-discrimination in health insurance. Employers are now required to “test” using a formula to determine whether or not the health plan is unbalanced or weighted toward highly compensated employees. Some have stated this will cost billions of dollars in additional costs and will hurt discrimination testing of 401k and Section 125 plans.

You have the opportunity to tell the IRS your thoughts and how this will affect your business or your clients.

Please read the IRS Notice

The process for making your voice heard is:

Addresses: Comments, identified by “Notice 2010-63”, may be sent by one of the following methods.

• Electronic: Send to the following e-mail address:

Notice.Comments@irscounsel.treas.gov. Include “Notice 2010-63” in the subject line.

• Mail: CC:PA:LPD:PR (Notice 2010-63), Room 5205, Internal Revenue Service, P.O.

Box 7604, Ben Franklin Station, Washington, DC 20044.

• Hand or courier delivery: Monday through Friday between the hours of 8 a.m. and 4

p.m. to: CC:PA:LPD:PR (Notice 2010-63), Courier’s Desk, Internal Revenue Service,

1111 Constitution Avenue, NW, Washington DC 20224.

All submissions will be open to public inspection and copying in room 1621, 1111

Constitution Avenue, NW, Washington, DC from 9 a.m. to 4 p.m.