Providing a comprehensive benefits package is a powerful tool for attracting and retaining top talent ā and it comes with numerous compliance requirements. When employees are eligible for insurance and/or retirement benefits, there are essential documents and legal notices you are required to provide. Comply DIY is here to guide you through what to include.
Employee Benefits Packet or Portal
For ease of distribution and to ensure comprehensive communication of benefit offerings and legal requirements, consider compiling the following documents into an Employee Benefits Packet or an online Employee Benefits Portal.
Include information about the health (and dental, vision, etc.) plan options available to your employees, any employer contribution toward the cost of coverage, and the employees’ costs on a monthly and per-pay-period basis.
Each insurance company will have its own employee enrollment or waiver forms. Remember to include the required forms for any tax-advantaged accounts you offer, as well as a salary reduction agreement if you allow employees to pay their portion of the premium through a Section 125 Premium Only Plan.
The SBC provides information about health plan coverage and costs. This needs to be provided to employees at initial enrollment and annually at renewal time.
If your health plan maintains grandfathered status under the ACA, you must provide a notice informing your employees of this status.
Employees need to be aware of their rights to enroll in the group health plan upon certain life events or loss of other health coverage.
Under the ACA, employers are required to provide this notice to all new hires informing them about the health insurance marketplace. It’s also a good idea to include it in the Employee Benefits Packet.
Employers with 20 or more employees who offer a group health plan must provide an initial COBRA notice to new participants and their spouses.
Many states offer a continuation option similar to COBRA for companies with fewer than 20 employees (and sometimes for larger fully-insured groups after COBRA ends). These “mini-COBRA” plans often have notice requirements similar to COBRA.
A notice about premium assistance under Medicaid or the Children’s Health Insurance Program (CHIP) should be included.
Employers that provide medical and surgical benefits for mastectomy must also provide benefits for reconstructive surgery and prostheses following a mastectomy.
Employers are required to provide notice to employees of their rights for hospital lengths of stay related to childbirth.
This notice informs eligible students about their rights to extended health insurance coverage under Michelle’s Law.
This notice informs employees about parity in mental health and substance use disorder benefits.
This notice informs employees about protections against discrimination based on genetic information.
This notice informs all employees of their rights under USERRA. It is typically distributed by displaying the USERRA rights poster in common workplace areas or by including the information in employee handbooks.
Essential Benefits Documentation
Certain essential documents govern your benefits plans and must be made available to employees.
This is the foundational document outlining the specifics of your company’s benefits offerings. If your plan document does not meet ERISA standards, you may need an ERISA Wrap document.
This document provides employees with a comprehensive description of the benefits plans and how they operate. If there are any material modifications not reflected in the most recent SPD, a summary of those modifications must be provided.
This document is a “wrapper” that makes your benefits an ERISA-compliant plan, adds any missing ERISA items, and incorporates carrier/TPA booklets ā plus a plain-language Wrap SPD for participants.
Retirement Plans
If your organization provides a retirement plan to employees, there are additional compliance requirements beyond those for health and welfare benefits.
A document provided to employees detailing their rights and responsibilities under the retirement plan and describing its features. Note: this is a separate document from the health plan SPD.
Most retirement plans must file an annual report about the plan’s financial conditions, investments, and operations.