Post-Layoff HR

Fewer people in HR does not mean less benefits work.

After a reduction in force, the benefits workload does not shrink with the headcount. It lands on a smaller team and runs on fixed dates. Here is what comes to HR, and where a broker takes it off the desk.

Talk to Us About This

The Workload

What lands on HR after a layoff.

Most of it has a deadline attached.

COBRA Notices

A layoff that ends coverage is generally a COBRA qualifying event for employers with 20 or more employees. The employer notifies the plan administrator within set deadlines, and the election notice follows (29 U.S.C. § 1161 et seq.).

WARN Act Notice

Larger employers may owe 60 days of written notice before a plant closing or mass layoff (29 U.S.C. § 2101 et seq.). Benefits questions belong in that conversation early.

Carrier Terminations

Carriers need accurate termination dates. Late reports can leave the employer paying premium for people who no longer work there.

ACA Counts

Layoffs change full-time headcount. That can affect large-employer status, affordability testing and 1095-C reporting (26 U.S.C. §§ 4980H, 6056).

Participation and Contributions

Carriers set their own participation and contribution requirements. A smaller group can fall short of them at renewal.

Unemployment and Severance

Severance terms can affect benefits continuation and unemployment claims. Your attorney sets the terms; we bring the benefits facts.

The Support

How we help.

A broker should take work off a smaller HR team, not add to it.

Notices and Dates

We help coordinate the notices and keep every date on one calendar.

Clean Data

We help get termination dates and eligibility records to carriers and payroll accurately.

Right-Sizing the Plan

We rerun the numbers on the smaller group, including participation, contributions and the renewal.

The Result

Fewer chances for error.

Fewer chances for error.

One Source

Notices, terminations and billing draw on the same records.

One Calendar

Dates are tracked with the rest of the account.

Your Counsel

Legal questions go to your attorney, and we bring the facts.

Common Questions

Questions Employers Ask About This

Does a layoff trigger COBRA?

A layoff that ends coverage is generally a qualifying event if the employer is subject to COBRA, which generally means 20 or more employees. Notice and election deadlines then apply.

How fast should we report terminations to the carrier?

Each carrier sets its own rules. Report terminations promptly, since late reports can leave you paying premium for people who have left.

Will a smaller group change our renewal?

It can. Carriers look at group size, participation and claims history, so raise the layoff before the renewal, not after.

Do you give legal advice?

No. Legal questions go to your attorney. We bring the benefits facts and the dates.

Let’s Get to Work

Is HR carrying more than it should?

Tell us what changed, and we will show you what to take off the desk.

What to bring

Your renewal letter
Your census
Your current plan documents
Your renewal date

Rough answers are fine. We build the numbers from there.

Sources

Laws and rules referenced

COBRA: ERISA §§ 601-608, 29 U.S.C. §§ 1161-1168

WARN Act: 29 U.S.C. §§ 2101-2109

ACA employer shared responsibility: 26 U.S.C. § 4980H

ACA employer reporting: 26 U.S.C. § 6056

U.S. Department of Labor: COBRA — Continuation coverage overview.

U.S. Department of Labor: WARN Act — Advance notice of closings and layoffs.

CFH Insurance Consultants

An independent employee benefits consulting firm. We look at the entire benefits program — cost, plan performance, risk and administration.

Switch to CFH. Unhappy with your broker? Your employees won’t notice. You will. →

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