Two medical benefits. Two funding sources. One coordinated employee experience.

Two medical benefits. Two funding sources. One coordinated employee experience.

Most employers ask the same question: how can ESPA provide meaningful benefits, create payroll-tax savings and still keep the tax functions separate?

The answer is that ESPA does not ask one transaction to do everything.

The three questions buyers usually ask

01

How is the ESPA structured?

The employee elects an Employer-Sponsored Medical Benefit

The employer establishes a defined medical benefit consisting of qualifying medical services.

Eligible employees may prospectively use the employer’s Section 125 cafeteria plan to satisfy their required share of that benefit.

Section 106 addresses the federal income-tax treatment of employer-provided accident or health coverage.

02

Why have we not heard of this before?

The employer separately funds the SIMRP

The employer also maintains a Self-Insured Medical Reimbursement Plan, or SIMRP.

The SIMRP is funded separately by the employer and may reimburse eligible qualifying medical expenses under Section 105(b), subject to the Plan’s rules and limits.

03

What is the risk to our business?

The two transactions stay separate

The employee’s Section 125 election does not fund the SIMRP.

The SIMRP does not reimburse the employee’s Section 125 election.

The SIMRP reimbursement is not calculated as a return of the employee’s election.

That separation is intentional.

Why that matters

Published IRS guidance has specifically considered situations in which salary-reduction-funded health coverage operates alongside a separately employer-funded medical reimbursement arrangement. The analysis focuses on whether the two arrangements are genuinely separate in their funding and economics.

ESPA is structured to preserve that separation.

Who we work with on compliance

BizPower Benefits coordinates compliance work with:

The next level of detail

If you want the full technical answer, including the applicable Internal Revenue Code sections and published IRS guidance, the Technical Tax & Compliance Framework page is built for that. If you want to ask a specific question or have us coordinate with your CPA, book a 15-minute evaluation.

Frequently asked questions

ESPA itself is an employer-sponsored benefits arrangement, not major medical insurance. Certain supplemental insurance products may be offered alongside ESPA as separate licensed insurance products.
Section 125 elections are prospective and may change only as the cafeteria plan permits. The employee’s share is based on the cost of the Employer-Sponsored Medical Benefit, not on the employee’s withholding. Employee data is reviewed regularly so payroll stays accurate.

Many CPAs have not seen this structure before. We are happy to coordinate a joint call with your CPA during setup so they can review the plan documents and ask questions directly.