Question: A group over 50 with a September renewal but currently only has 30 on the plan. Are they subject to the penalty on Jan 1 or can they wait to Sept to cover the rest? (carrier wont allow additional ee’s until Sept).
Answer: Tough question - I had to get help on this one. Here’s what I found out: “The answer hinges on the ERISA plan year for the group. They must be in compliance on their ERISA plan year and if that too is September then they have until September. If their ERISA plan year was January (even though their insurance renewal was Sept) they would need to comply in January.”