The Health In-Lieu plan allows eligible employees who are covered for health insurance through another group health plan a choice between selecting or continuing nontaxable health coverage under one of the City’s health insurance plans, or declining/dropping the City’s coverage and receiving a taxable in-lieu cash payment. The City’s Health In-Lieu plan does not qualify as a group health plan for COBRA purposes.
Payment/Taxes
Payment will be made to the employee on their regular biweekly payroll check. Payment is taxable, and subject to tax withholdings. The Plan Year on which the Plan operates (including elections and payments) is the calendar year. Payment will not be made for failure to provide acceptable proof of alternate group coverage.
Eligibility
Full-time and Reduced Work Week (35+ hours per week) employees, who certify that they have alternate group coverage, and provide proof of alternate group coverage which is acceptable to the City of San José, are eligible for the Plan. Eligible employees who receive healthcare coverage as a dependent of another City employee or retiree are only eligible for the Single In-Lieu plan. Employees on an unpaid leave of absence are not eligible for the Plan and in-lieu payments.
Enrollment/Elections
Eligible employees may enroll online through eWay upon new hire, during the annual open enrollment period (typically held the first two weeks of November), or within 30 days of a qualifying life event.
The Plan and in-lieu payments are effective on the first day of the following calendar year. Employees may apply for Health In- Lieu or switch from Health In- Lieu to a medical plan during the year only if they become eligible due to a qualifying life event/change in family status and must apply within 30 days of the date of that change.
Health In-Lieu Attestation Verification
The IRS requires proof of alternate group coverage to be submitted to the City every year that the health/dental In-Lieu plan applies. The federal regulation states proof of alternate group coverage may include the employee’s attestation that the employee and all other members of the employee’s expected tax family have or will have minimum essential coverage. Annually, following Open Enrollment, employees enrolled in Health and/or Dental In-Lieu will need to complete the Health and/or Dental In-Lieu Attestation in order to qualify for the health/dental in-lieu premiums for the calendar year. Employees enrolled in the In-Lieu programs will receive an automatic email from HR Benefits requesting the completion of the Attestation. Employees will continue to receive these emails until the Attestation has been completed and will have 30 days to complete. If the Attestation is not completed by the deadline enrollment in the In-Lieu plan(s) will be canceled and medical/dental coverage will be waived.
Important Dates 2026:
- Thursday, January 22nd: Currently enrolled in Health and/or Dental In-Lieu will need to complete the 2026 Health and/or Dental In-Lieu Attestation.
- Friday, February 13th: The deadline to complete the Attestation
- March 1, 2026: Employees who fail to complete will have medical coverage waived effective 3/1/26.
Review the HIL/DIL eForm Attestation Instructions to learn about how to complete the eForm.
Need more information?
For more information, see the details in the Health In Lieu Plan Document.