Monday, April 12, 2021

What Employers Need to Know about Opt-Out Arrangements

Brought to you by:

Arrow Benefits Group

(707) 992-3780

Tuesday, August 13, 2019
2:00 p.m. ET / 11 a.m. P.T.

This webinar will provide an overview of opt-out arrangements and spousal waivers by:

  • Describing what an opt-out arrangement is
  • Illustrating how opt-out arrangements may be structured, including whether the arrangement should be structured differently when it involves a fully-insured plan versus a self-funded plan
  • Describing how opt-out arrangements may be used with active employees and at employment termination as part of a severance agreement
  • Briefly describing spousal waivers, including spousal surcharges
  • Highlighting additional considerations such potential discrimination issues, interaction with Medicare Secondary Payer rules, the Patient Protection and Affordable Care Act (ACA) prohibition against employer reimbursement of individual coverage premiums, ACA affordability calculations, taxation of opt-out payments, and how the opt-out payment is considered under the Fair Labor Standards Act (FLSA) when calculating overtime for hourly workers in certain states
  • Describing best practices in offering an opt-out arrangement, including sample language

This 60-minute intermediate level webinar will help employers understand opt-out arrangements and spousal waivers.


Melissa Shimizu is an associate in Fisher Phillips’ Irvine office. She focuses on helping employers navigate the Employee Retirement Income Security Act (ERISA) and other state and federal laws impacting the design, implementation and ongoing compliance of their employee benefit plans and programs. She advises clients with respect to all aspects of employee benefits, including retirement plans, health and other welfare benefit plans.

Contact your local UBA Partner Firm to receive a complimentary registration for this informative presentation or visit

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