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Section 109.075, Wisconsin Statutes provides that Wisconsin employers with 50 or more employees who plan to discontinue health care benefits to current employees, retirees, and dependents of employees or retirees in some instances must provide the affected individuals with 60 days’ notice of the cessation of benefits.
Employers with 50 or more employees in Wisconsin must display the "Notification Required for Cessation of Health Care Benefits Poster" in one or more conspicuous places where notices are normally posted for employees at that work location.
This Law is enforced by the filing of a complaint (Cessation of Health Care Benefits Complaint Form) with the Equal Rights Division within 300 Days of the alleged violation.
Which current or former employers must comply with this requirement?
Employers who operate a business enterprise in Wisconsin that employs 50 or more persons in this state must provide advance written notice of the employer’s intention to cease providing health care benefits to affected parties.
Who is an affected individual entitled to notification?
Employees, any union representing employees of that business, retirees, and dependents of employees and retirees currently covered by the health care benefit plan are entitled to receive 60 days’ written notification that their benefits will cease.
Why should affected employees file complaints about not receiving 60 days’ notice of cessation of health care benefits?
A complainant who did not receive proper advance notice may receive either the value of the insurance premiums for the period without proper notice or the actual value of medical expenses incurred during the 60-day notice period.