Section 105(h) Nondiscrimination Testing

What is Section 105(h)?

Section 105(h) of the Internal Revenue Code requires that self-funded health plans do not discriminate in favor of highly compensated individuals (HCIs) with respect to:

  • Eligibility: Who is allowed to participate in the plan
  • Benefits: What benefits are provided under the plan
Who are HCIs?

Highly Compensated Individuals include:

  • One of the five highest-paid officers
  • A shareholder who owns more than 10% of the employer's stock
  • Among the highest-paid 25% of all employees

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