FWW Employment Alert - New IRS Guidance on American Rescue Plan Act Temporary COBRA Premium Subsidy

5/27/2021

Millions of workers have lost jobs and, consequently, their healthcare coverage during the pandemic. To help address this widespread loss of coverage, Section 9501 of the American Rescue Plan Act of 2021 (“ARPA”), signed into law by President Biden on March 11, 2021, requires, among other things, that employers or plan sponsors provide a 100% COBRA premium subsidy to certain individuals who elect COBRA continuation coverage due to a loss of health coverage as the result of a reduction in hours or an involuntary termination of employment for periods of coverage from April 1, 2021, through September 30, 2021. (The temporary premium assistance is also available to individuals enrolled in continuation health coverage under State programs that provide for coverage comparable to COBRA continuation coverage, often referred to as “mini-COBRA.”) An employer or plan required to comply is entitled to a tax credit for the amount of the premium assistance.

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