Yes, for employers with 50 to 99 full time and equivalents, there is relief provided that:
- The employer not reduce the workforce during the period of February 9, 2014, to December 31, 2014, for the purpose of qualifying for the transition relief. Reductions in workforce for “bona fide” business reasons are permissible
- The employer not eliminate or materially reduce any health coverage offered as of February 9, 2014, prior to the end of the employer’s 2015 plan year (i.e., the plan year beginning in 2015)
- The employer certify that the company satisfies the above conditions. This certification is to be made on a form to be prescribed by the IRS, and will be filed as part of the new annual ACA reporting required of employers.
A quirk here is that although these employers will not have to file Form 1094-C (the transmittal for 1095-C), they will still have to produce a Form 1095-C for all employees who worked at least 130 hours in any calendar month of the year and for all employees who were enrolled in employer health coverage in any month of calendar year 2015. Failure to do so subjects the employer to the $100-per employee penalty for not providing Form 1095-C to all full-time employees.