Part-time benifits and the ACA 90 day rule.

Discussion in 'UPS Union Issues' started by saintrick, Feb 11, 2018.

  1. saintrick

    saintrick Active Member

    This is from a 2013 Teamcare mailing.

    Thoughts on whether this has any affect on the negotiations.

    Question 1
    :
    What waiting periods are allowed under the ACA?
    Answer
    :
    Beginning in 2014, the ACA requires that a plan not impose a waiting period of
    more than 90 days for an eligible employee. This rule applies to all plans regardless if the coverage is provided to the employees by a large or small employer. Eligibility conditions based solely on the lapse of time cannot exceed 90 days. The obligation to provide coverage to an otherwise eligible employee within 90 days is imposed on the plan, not the employer. For a detailed discussion of the waiting period rules, visit the following webpage: http://webapps.dol.gov/FederalRegist/PdfDisplay.aspx?DocId=26730
    .
    Under the Central States’ Plan, there is an “establishing period” consisting of 8 weeks of consecutive contributions before coverage is provided to the employee. Therefore, to comply with the requirement that the waiting period be no more than 90 days, Central States will no longer accept a collective bargaining agreement which was ratified on or after July 1, 2013, unless the waiting period under the terms of the collective bargaining agreement is no more than 30 calendar days unless the Board of Trustees explicitly consents in writing to a longer period. For collective bargaining agreements that have already been accepted by Central States
    (as well as collective bargaining agreements accepted in the future), Central States will require a participating employer to make contributions on any person for any time period for which Central States is required to provide health coverage notwithstanding any provision to the contrary in the collective bargaining agreement. The Central States’ Trust Agreement has been amended to include this requirement.
     
  2. BrownMonk

    BrownMonk Active Member


    The 90 day rule only applies to full tim employees over an average of 32 hours a week. It also says that benefits must be offered but not accepted or who pays for them. Since the Contract says whatever for bennies for pt, it is possible that the emplyee would pay until 8 weeks before the year after seniority.
     
  3. Pizza

    Pizza BrownCafer of the Month

    If this does apply to pt workers I think they can get around it by going to a hour based qualification.

    Health coverage should be the main issue for part-timers over starting pay.
    It would help with the quality of employees and also benefit Teamcare which is good for full timers and retirees.

    How about 500 hours as a qualification for coverage?
     
  4. upschuck

    upschuck Well-Known Member

    Wasn't the mandate squashed, by Trump?
     
  5. Pizza

    Pizza BrownCafer of the Month

    The individual mandate starting in 2019.
     
  6. BrownMonk

    BrownMonk Active Member

    The mandate to have benefits or pay the additional tax was knocked out in the Trump Tax plan a month ago. If you don't take the bennies, you won't get penalized.