Guidance was issued by the U.S. Internal Revenue Service (IRS), Department of Labor (DOL) and the Department of Health and Human Services (HHS) agencies indicating that "retiree-only plans" are exempt from many of the new benefit mandates under the Affordable Care Act (ACA) (and several other group health plan requirements under HIPAA, e.g., the mental-health parity requirements). 75 Fed. Reg. 34538, 34539-40.
This guidance is critical since many new requirements of the ACA impact group health plan premiums, as of September 23, 2010. For example, there are restrictions on the lifetime and annual limits for essential benefits under a group health plan and coverage must be available for adult children up to age 26.
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