26 U.S.C. 4980H and 29 CFR 2520.102-3

Eligibility rules in the handbook must match the plan, or the plan wins.

When handbook eligibility rules differ from the plan document, the employer risks disputes, coverage errors and penalties. The Affordable Care Act adds full-time employee rules to the mix.

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What It Requires

What the rule says.

General reference material, not legal advice. Eligibility and plan-document rules change, so check the up-to-date wording.

Eligibility Must Be Written in the Plan

The summary plan description must describe eligibility conditions, and the plan terms control, so the handbook should not create separate rules.

ACA Full-Time Definition

Large employers face penalties if they do not offer coverage to full-time employees, generally those averaging 30 hours per week.

Classification

Worker classification affects who is eligible.

In Practice

How it plays out.

Pull eligibility language from the plan document, then align the handbook by reference.

Check for gaps: part-time, variable-hour, seasonal and rehire situations.

Apply the eligibility rules the same way to everyone, since uneven enrollment practices can lead to disputes. This text is for general orientation, not a legal opinion on your plan.

Benefits Angle

Where this shows up in your plan.

Waiting Period

Align the waiting period with the plan and the 90-day maximum.

Hours Tracking

Track hours for variable-hour employees using a measurement method.

Plan Amendments

Amend plan documents before changing eligibility.

First Steps

Setting it up.

Compare handbook and plan eligibility.

Fix conflicts by referencing the plan.

Review ACA measurement methods.

Check classification of contractors.

Train HR on consistent enrollment.

Watch Outs

Mistakes to avoid.

Do not promise eligibility the plan does not provide.

Do not forget part-time and variable-hour staff.

Do not change eligibility without amending the plan.

Do not treat rehires inconsistently.

Keep Going

Other rules employers work with.

ACA Compliance for Employers

Full-time rules.

Handbooks, Arbitration and Policies Guide

The core handbook guide that this eligibility page supports.

Sources

Laws and Rules Referenced

Section 4980H of the Internal Revenue Code (26 U.S.C.) — The offer-of-coverage test that depends on who counts as full time.

29 CFR 2520.102-3 (SPD content regulation) — Where eligibility and participation terms must appear in the SPD.

Waiting period limit, 42 U.S.C. 300gg-7 — No eligible employee waits longer than 90 days for coverage to begin.

Common Questions

Quick answers.

Questions on eligibility rules, waiting periods and matching the handbook to plan documents, with deeper guides linked.

Which controls, the handbook or the plan?

The plan document controls.

Who counts as full-time under the ACA?

Generally an employee averaging 30 hours per week.

Can the handbook add an eligibility rule?

Only if the plan document also provides it.

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