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  1. #1
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Employer Refusing to Refund Health Insurance Premium

    If the premiums were deducted pre-tax, the cannot refund them, nor even lower your deduction going forward until the next open enrollment period. The IRS rules on 125 plans are VERY strict on this issue. Being able to get coverage for a lower amount is not generally a "life event" that would allow you to change coverage and reduce your contributions accordingly, under a 125 plan.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Employer Refusing to Refund Health Insurance Premium

    Qualifying for other coverage and enrolling in it can be considered a Life Event; however, the plan document of the existing policy will determine whether coverage will end on the exact date that the new policy begins or on the last day of the month in which the change takes place. Both are legal, both are common, and whichever one is determined by the plan document is set in STONE. If the plan document says that coverage on the old plan ends on the last day of the month, then it ends on the last day of the month; that is the final answer; and since the terms are available to any employee who cares to look, it cannot be considered stealing since you had access to the information ahead of time.

    This is in addition to the regs regarding pre-tax refunds that Patty mentioned, and which she is more qualified to discuss than I.

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