Employer Mandate and Reporting Requirement Delayed until 2015

The Department of Treasury announced on June 2, 2013, its intention to delay information reporting requirements by employers as well as delaying the employer mandate provision.  As proposed, the delay would only apply to 2014.  The Treasury indicates that it will issue official guidance some time “this summer”, as to what the one-year delay will mean. 

Based on the yesterday’s notice, it is expected that the guidance will no longer require employers to comply with the employer mandate for 2014.  This means that an employer would not have to change eligibility requirements, meet minimum value requirements, or affordability requirements.  Further guidance on these issues is expected to be addressed in the official Treasury guidance. 

The Treasury announced its intention regarding the delay in a letter on their website stating:
“The Administration is announcing that it will provide an additional year before the ACA mandatory employer and insurer reporting requirements begin.”  …

“We recognize that this transition relief will make it impractical to determine which employers owe shared responsibility payments (under section 4980H) for 2014.  Accordingly, we are extending this transition relief to the employer shared responsibility payments.  These payments will not apply for 2014.  Any employer shared responsibility payments will not apply until 2015.”