Here's the arrangement contemplated: The employer will provide and pay for 75% of premiums for a high deductible medical insurance policy for all employees except the highly compensated and 5% shareholders, who will not be included in the HRA. The employer will also pay for a portion of deductible expenses for those covered employees by paying the provider directly for covered expenses up to a specified dollar amount.
Since the highly compensated and 5% shareholders aren't covered by the HRA, the employer wants to pay 100% of their premiums.
Does this violate any nondiscrimination rules or ERISA?