The Affordable Care Act (ACA) contains a number of limits and penalties that apply to employers. These include the following provisions:
- Employer Shared Responsibility (employer mandate) – requirement that applicable large employers (ALEs) offer affordable, minimum value coverage to substantially all full-time employees and their dependents
- Affordability – an offer is affordable if the employee’s contribution, toward the employee only rate, does not exceed a certain percent of their compensation. Employers use one of the three allowable safe harbor compensation methods to determine affordability, e.g. W-2, rate of pay, or federal poverty line (FPL).
- Penalties for failure to comply with the Employer Shared Responsibility provision
- Tier 1 – Failure to offer to substantially all full-time employees
- Tier 2 – Failure to provide coverage that is affordable or meets minimum value (plan reimburses at least 60% of the cost of essential health benefits)
- Market Rules
- Flexible Spending Accounts – the maximum amount of annual pretax dollars employees may put aside through payroll deduction to pay for qualified medical expenses
- Health Spending Account (HSA) – an employee-owned bank account coupled with a qualified high deductible plan
Listed below are the new limits and penalties for 2017 along with historical perspective.
Calendar year | 2014 | 2015 | 2016 | 2017 |
Tier one –
Failure to offer coverage or to offer to 95% of employees (70% for 2015) |
$2,000 | $2,080 | $2,160 | $2,260* |
Tier two –
Failure to offer coverage that is affordable and meets minimum value |
$3,000 | $3,120 | $3,240 | $3,290* |
Flexible Spending Account (FSA) | $2,500 | $2,550 | $2,550 | $2,600 |
Health Spending Accounts (HSA) – maximum contribution | Self-only: $3,330
Family: $6,550 |
Self-only: $3,350
Family: $6,650 |
Self-only: $3,350
Family: $6,750 |
Self-only: $3,400
Family: $6,750 |
* Projected amounts
Plan years | 2014 | 2015 | 2016 | 2017 |
Affordability Safe Harbor Percentages | 9.5% | 9.56% | 9.66% | 9.69% |