Sears, Darden Restaurants announce defined-contribution programs for employee health benefits
Two companies take step toward defining new model in employee health care benefits
October 29, 2012 at 08:00 PM
7 minute read
Most large employers are sticking with the status quo in employee health care benefits until the full ramifications of the new health care reform law are known, but two major companies are taking a big step toward defining a new model.
Sears Holding Corp. and Darden Restaurants Inc. announced in late September that they are implementing defined-contribution programs for employee health benefits, giving employees a fixed sum of money and allowing them to choose their medical coverage and insurer from a private online marketplace. The move is similar to companies that replaced pension plans with 401(k) contributions, allowing employees to choose their own investments.
Darden Restaurants, owner of chains including Olive Garden and Red Lobster, will let its approximately 45,000 full-time employees choose their health coverage for 2013, and Sears will make the program available to about 90,000 full-time employees, according to the Wall Street Journal. Neither company would disclose the size of its contribution to the employees' health insurance purchase.
The employees of the two corporations will choose among plans designed by Aon Hewitt, one of several companies currently developing private health care exchanges, which are similar in concept to the public online exchanges under development by the states under the Patient Protection and Affordable Care Act (PPACA).
According to Steven Clark, senior counsel for Aon Hewitt, their exchange currently targets large employers with more than 5,000 insured lives who typically have been self-insured. Employees will be able to select among plans from nine carriers, each offering varying levels of coverage and cost.
“The employer no longer has the obligation to design its own plan,” Clark says. “If they are willing to give that up, they give employees access to a greater number of carriers. By having a choice of carriers, we bring competition into the mix, and hopefully that will contribute to keeping prices down.” Clark says self- insured employers also benefit by transferring the risk from themselves to the insurance company.
Initially, the private exchanges will offer group health insurance, but they are expected to evolve to offer individual coverage once the mandates of the PPACA take effect in 2014.
“A goal of a lot of our clients is to get out of the self-insured business and into a defined-contribution approach,” Clark says. “The long-term goal may be individual coverage. There may be a transition where initially the exchange provides group coverage, but down the road, after 2014, it may shift to an individual coverage model. The employer will provide a dollar amount, and the employee will have access to individual plans on the exchange. If you are going to move to a defined-contribution approach, this is the first step to doing that.”
However, transitioning the private exchanges from offering group coverage to individual coverage will require a change in the regulations governing the PPACA's employer mandate. Under current rules, starting in 2014 an employer who gave employees a subsidy to buy individual coverage would be subject to a $2,000 per employee penalty. Changing that to allow defined-contribution plans only makes sense, Clark argues.
“It seems that the law was intended for employers to subsidize coverage,” he says. “We hope the rules will change in the future so as long as the employer contributes an amount so the employee can buy coverage that is affordable and provides the minimum benefit, the employer could avoid the penalty.”
Most large employers are sticking with the status quo in employee health care benefits until the full ramifications of the new health care reform law are known, but two major companies are taking a big step toward defining a new model.
The employees of the two corporations will choose among plans designed by Aon Hewitt, one of several companies currently developing private health care exchanges, which are similar in concept to the public online exchanges under development by the states under the Patient Protection and Affordable Care Act (PPACA).
According to Steven Clark, senior counsel for Aon Hewitt, their exchange currently targets large employers with more than 5,000 insured lives who typically have been self-insured. Employees will be able to select among plans from nine carriers, each offering varying levels of coverage and cost.
“The employer no longer has the obligation to design its own plan,” Clark says. “If they are willing to give that up, they give employees access to a greater number of carriers. By having a choice of carriers, we bring competition into the mix, and hopefully that will contribute to keeping prices down.” Clark says self- insured employers also benefit by transferring the risk from themselves to the insurance company.
Initially, the private exchanges will offer group health insurance, but they are expected to evolve to offer individual coverage once the mandates of the PPACA take effect in 2014.
“A goal of a lot of our clients is to get out of the self-insured business and into a defined-contribution approach,” Clark says. “The long-term goal may be individual coverage. There may be a transition where initially the exchange provides group coverage, but down the road, after 2014, it may shift to an individual coverage model. The employer will provide a dollar amount, and the employee will have access to individual plans on the exchange. If you are going to move to a defined-contribution approach, this is the first step to doing that.”
However, transitioning the private exchanges from offering group coverage to individual coverage will require a change in the regulations governing the PPACA's employer mandate. Under current rules, starting in 2014 an employer who gave employees a subsidy to buy individual coverage would be subject to a $2,000 per employee penalty. Changing that to allow defined-contribution plans only makes sense, Clark argues.
“It seems that the law was intended for employers to subsidize coverage,” he says. “We hope the rules will change in the future so as long as the employer contributes an amount so the employee can buy coverage that is affordable and provides the minimum benefit, the employer could avoid the penalty.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllGOP Now Holds FTC Gavel, but Dems Signal They'll Be a Rowdy Minority
6 minute readLongtime Purdue GC Accused of Drunken Driving Hires Big-Name Defense Attorney
3 minute readFired by Trump, EEOC's First Blind GC Lands at Nonprofit Targeting Abuses of Power
3 minute readTrump's Inspectors General Purge Could Make Policy Changes Easier, Observers Say
Trending Stories
- 1Unit Owners Sued Board For Failure To Maintain Adequate Fire Insurance: This Week In Scott Mollen’s Realty Law Digest
- 2NY Judge Resigns After Avoiding Jury Duty by Telling Court He Couldn't Be Impartial
- 3'Serious Legal Errors'?: Rival League May Appeal Following Dismissal of Soccer Antitrust Case
- 4Longtime Purdue GC Accused of Drunken Driving Hires Big-Name Defense Attorney
- 5Eight Years On, A&O Shearman’s Fuse Legal Tech Incubator Is Still Evolving
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250