Breaking Up Small Group

Everyone here is correct about the issue of the $80 being a raise in salary (taxable), and the employer cannot require them to buy insurance with it.

With a small group, you may not run into discrimination issues, but with a group of 37, it is more likely that you would have classes of employees who perform the same duties, so giving one $80 and not the other might turn into a discrimination nightmare. The employer will probably have a finger on the pulse of that issue, and know if the job junctions are so similar that it would be discriminatory to give some $80 and not others. The employer would probably also know if quite a lot of those folks could access subsidies, and therefore be better off.

Also, be wary with a group of 37, because it is likely that part-time employees may cause the count of "full-time equivalents" to rise above 50, at which time they may want to provide group insurance again.
 
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