Paying new employees COBRA payments until she can go on our plan

On January 1 we changed our waiting period for benefits to 90 days from 30 days. Now with one of the first employees that we hire, the office manager offered to pay this new employees COBRA premiums until she is eligible for our plan as part of her package to come to work for us.

I think I already know the answer to this first part, but please confirm that that there is nothing legally wrong with doing this (if it is treated as taxable income).

Part 2 - even if this is totally legal, am I wrong in thinking that this should not be done. Even though we just changed our official policy to 90 days, it realistically has become 0 days. This does not look like a unique situation in breaking our policy to me. It is not for an executive position, top sales person, or some other highly recruited position. Are we setting a precident that we will have to follow in the future?

Rob S.

Comments

  • 14 Comments sorted by Votes Date Added
  • I guess the first question is why did you change from 30 days to 90 days? It appears this would make positions you have less attractive to someone who needs benefits right away.

    On the other hand, if this was a cost containing measure, your office manager has just erased any cost cutting you may have been able to realize by offering to pay for very expensive COBRA coverage for an employee. Yes, I fear you have set a precedent for future hires. You may want to consider going back to the 30 days.


  • [font size="1" color="#FF0000"]LAST EDITED ON 02-10-03 AT 03:31PM (CST)[/font][p][font size="1" color="#FF0000"]LAST EDITED ON 02-10-03 AT 12:52 PM (CST)[/font]

    I agree that 90 days is a long time, and I was a little surprised when that decision was made.

    The main reason we went to 90 days was cost. We took a 102% increase on what was already an expensive plan. We have an older workforce and we have had several very large claim and some large pending claims. Like many places, much of our turnover occurs in the first 90 days, so that was a second factor in changing it to 90 days.

    Rob S.

  • I agree with Rockie. Have you had a conversation with your Office Manager as to what they were thinking when offering to pay COBRA premiums for 90 days? You would have been much better off sticking to the 30 days in that case. It could come back to haunt you, but perhaps if you speak to ee to keep it strictly confidential(like that ever happens anyways). Go back to the 30 days and tell the office manager to get a clue.
  • I don't believe that one case sets a precedent that you have to follow. The Office Manager probably shouldn't be making job offers, just to keep things like this from happening.
    Like all compensation, you need to decide what you need to offer to attract and retain good employees, and if a 90 day waiting period still allows you to do that, I don't see any reason to go back to 30 days. Another option that you might look at, however, is to make new employees eligible for the plan after 30 days, but to pay a higher portion (all?) of the premium than other employees.
  • First, you need to review your procedures on job offers. If a department manager feels that in order to fill a position they want to make special offers, this should be approved by the HR deparment.
    Second, This could have easily been avoided by ofering a sign in bonus. This bonus could have represented the exact amount of the COBRA and this way you could avoid future problems. However, unless this was a key position or a difficult position to recruit for, why would you want to pay for COBRA?

    Eliant
  • Hi

    Yes, this is legal but not always smart. I admit that we have done it in the past on rare occasions for a high level position if negotiations warranted it. Sometimes you have to do what you have to do to get the right person. I doubt an office manager is in the process to make that call though.

    If you pay the person money for this benefit, yes, it should be taxed.

    As far as the whole 30 day vs. 90 day thing, you are in a tight spot and switching back to 30 days probably isn't realistic for you. If I can make a suggestion: go to 60 days instead as a compromise. 90 days is just plan dumb after HIPAA went into effect. Keep in mind that if ees incur a 63 day break in coverage, they can have preexisting conditions held against them. By using a 90 day waiting period, you are forcing people to either incur the break in coverage or spring for COBRA just to avoid the break in coverage. 60 days is more reasonable. They have more options to play the COBRA waiting game and avoid incurring that expense if no claims arise in that 60-day window.




  • It is my understanding that a waiting period is considered creditable coverage time, so a 90 day waiting period wouldn't hurt the employee. In fact, if you hire an employee who works 60 days and quits before coverage is effective, you need to send them a HIPAA certificate of creditable coverage. Barbara
  • COBRA is not taxable earnings despite the popular practice of taxing it. I am sure many will disagree with this, but, after much pushing for further investigation, our auditors learned something new.
  • Reimbursing a new hire for paid COBRA premiums is a common piece in the pre-acceptance negotiations stage. It sets no precedent any more than agreeing to an extra week of vacation would set a precedent. Negotiations are individual-case situations and can cover the landscape from A to Z. Nor is it taxable income when you pick up or reimburse COBRA payments. It is indeed unfortunate that your company feels it must go to a 90 day waiting period as a cost containment measure. That's the other end of the spectrum from the direction most companies are moving with this benefit. It's at a minimum a very unattractive element in your recruiting efforts.
  • In response to Don (whose responses I really enjoy reading and find very informative)- this is a "back to the wall" cost saving type of change. Our situation is very similiar i.e. high increases, older population with large claims. So we went to 90 day waiting period. We do negotiate an applicant's (select MGT levels only) COBRA costs only with approval from Exec. VP or Pres. We pay the DIFFERENCE between what they would be paying if immediately eligible for our plan and what COBRA is costing. Again, this is not done for every mgt. applicant only on very selective basis.
  • Changing the waiting period from 30 to 90 days is a big jump. However, if you are still competitive within your industry, it is probably a good financial move.

    As far as paying for the COBRA goes, I don't believe that it should be treated as taxable income. I don't think you are setting a precedent; however, most times we only consider it for executive positions. We do not pay for it all at once, we have the employee bring in each month's billing and pay through accounting department. This is to protect us, just in case they leave prior becoming effective.

    Paying for COBRA premiums should not be made a common practice, as it is extremely expensive for the hiring company. We have also subsized the cost of COBRA, by having the employee pay what they would have paid had they been on our plan on day 1, then our company picks up the difference. A little more administrative work, but there are very few times we offer the payment of COBRA premiums.


  • I don't know how we do it, or how long we will continue; but, we have first day coverage for the entire family (medical, dental, vision) at no cost to the ee and an 80%-20% split, $250 deductible. Very attractive recruitment tool, although a blow to the bottom line.
  • Wow, Don from day 1! Where do I sign up? I thought 90 days was good, and 30 days was really good. My company is 6 months. Yep, 6 whole months. We offer a little option after 3 months to help bridge the gap, but 6 months for the whole kit-n-kaboodle. And I won't even say what the EE's portion is.
  • I want to thank everyone for responding.

    One thing I should clear up is that we have 9 offices around the state, so by me saying an office manager hired a new employee, I should have said a branch manager to make it more clear to everyone. She does have full authority to hire, fire and negotiate hire pay rates/packages in that office/branch.

    I am surprised for several people to say that it was OK to pay an employee's cobra bill and it was OK not to be taxed. Would they then have to get a 1099 at the end of the year (so they would still pay taxes in the end)? I understood that it must be our own section 125 plan for it not to be taxed.

    Rob S.

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