Sec. 307. Compensation
550 words·~3 min read·
/bill/116/hr/1000/ih/section-307·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
For purposes of section 305(1)(D)— The term compensation shall mean hourly wage rates, paid and unpaid leave time, retiree benefits, group life insurance, disability insurance, and health benefits. The term comparable in value shall mean— as regards hourly wage rates, the same hourly wage rate; as regards paid and unpaid leave time, the same paid and unpaid leave time; as regards retiree benefits, a defined contribution benefit of comparable actuarial value provided in a plan established and administered by the Secretary; as regards group life and disability insurance benefits, an actuarially equivalent benefit provided in a plan established and administered by the Secretary; and as regards health benefits, access to health insurance that provides approximately the same level of benefits for approximately the same employee contribution under the provisions of paragraph (3).
Unless a Program Grant provides otherwise for good cause shown by the grant applicant, a Program employer shall satisfy the requirements of this section relating to the provision of health benefits by providing affirmative assistance to each of its Program employees in obtaining health benefits through a State Health Exchange, as permitted by the following exceptions to the ACA that apply only to Program employees as hereby enacted: The acquisition by a Program employee of such benefits through a Health Exchange shall not trigger tax penalties that would otherwise apply to the employee or the employee’s employer under the ACA.
Program employees who apply for health benefits under this paragraph shall be eligible for the same State Health Subsidy Programs as employed individuals who do not have access to an eligible employer-sponsored plan as that term is defined in section 5000A(f)(2) of title 26, United States Code. Any premiums a Program employee is required to pay for a health plan obtained under this subparagraph shall be paid by the employee’s Program employer via payroll deductions. A Program employee’s wages shall be adjusted on an individual basis to the extent necessary to satisfy the comparable-value requirement of section 305(1)(D) taking into consideration the tax treatment accorded any additions or subtractions from the employee’s wages required to satisfy that comparable-value requirement.
Program employers shall not be subject to the penalty set forth in section 4980D of title 26, United States Code, based on wage adjustments that comply with this paragraph. In consideration for the savings the Program established under this Act will generate in health care spending by all levels of government, the subsidy costs borne by the Federal Government or by State and local governments in providing health benefits to Program employees under paragraph
(3)shall not be chargeable to or reimbursed from the Program’s budget. Chapter 43 of the Internal Revenue Code of 1986 is amended by— renumbering section 4980D(c)(4) as section 4980D(c)(5); and inserting the following new section 4980D(c)(4): No tax shall be imposed by subsection
(a)on payments or reimbursements of health insurance premiums made pursuant to section 307(3)(C) or
(D)of the Jobs for All Act. . Chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 106(g) the following new subsection (h): For purposes of this section, payments or reimbursements of health insurance premiums made pursuant to section 307(3)(C) or
(D)of the Jobs for All Act shall not be included in the gross income of the employee. .