[charmenek]

I have been employed by the Jurupa Unified School district for 22 years. This year I noticed that they were not taking my health insurance deduction out. I truly believed I had paid up my fees. I have to pay $1003.04 a year. I get a contract at the beginning of the school year, which contains a cash option that the school pays $4725.00 for me to help pay my health insurance. Plus they were giving me a cash option of $122.56 a month and not taking out health care. That is why I thought I was paid up. I came to find out that I owe the school a total of $1960.96 for their mistake. I wondered also why they did not pay me my entire cash option back of $4725.00 instead of this $122.56. It is all so crazy and I can not pay this back. I barely make enough to live on with what they pay me. I know you are suppose to look at your pay check, but these paystubs are very confusing. But I looked at it that I was paid up and they owed me some money, but that isn't the case. I went to the doctor also and no one said you don't have health insurance. I feel they are at fault, this is the first time in 22 years that I have worked there that something like this has happened. I have had many problems at this school that I have worked for the last 4 years. If this isn't enough information for you please let me know.

[smoothy]

Sorry to tell you but if they fail to take enough out... its still your problem and responsibility to pay it.

I recently went through the similar thing related to union dues that were inadvertently short because of a mistake 3 years ago (wrong formula applied) that compounded with pay increases because they based off the previous wrong deduction. True it wasn't the magnitude your is... but its not a lot different.

Likely they will spread it out over a period, like months or a year and not expect it in one lump sum because it was their mistake not taking it out correctly.

[ballengerb1]

You need to sit down with the payroll clerk or the HR person and go over your situation. Does it appear that they did not have health insurance on you?

[wesu]

To: Smoothy - Union Dues are not comparable to health insurance premiums, and you're mistaken.

ERISA requires the sponsor of a group health care plan subject to its provisions to inform plan participants, including any former employees eligible for plan benefits, of (1) a material reduction in covered services or benefits within 60 days of adopting the change and (2) any other material modification to the plan within 210 days of adoption. Some courts have ruled that canceling a plan is not the same as modifying it and, thus, the ERISA notification rules are not applicable in such a situation. Rather, they held that ERISA rules regarding fiduciary duties are implicated, requiring the plan sponsor to promptly notify plan participants of an impending plan termination.

Simply ceasing to cover an employee or ceasing to take certain deductions on your paycheck does not qualify as "proper notice."

Smoothy's answer is only applicable with respect to the OTHER, governmental deductions, i.e. taxes, etc. I am a paralegal of 20+ years, I would recommend your doing some research on this matter before making any payments. See, Labor Department website.

[ScottGem]

To: Smoothy - Union Dues are not comparable to health insurance premiums, and you're mistaken.

Sorry but you are the one who is mistaken. Not in your facts, but in its application to the OP's situation. The OP's coverage was not changed or terminated. Instead a mistake was made and the deductions were inadvertently not taken. In such a case the employee is still responsible for the amount of money that was supposed to be taken.

The analogy with union dues IS appropriate. It really doesn't matter what the deduction was for. An employee is responsible for checking their paystubs and reporting anything amiss. Their employer is NOT responsible paying for the missed deductions. However, the employer would be responsible for making sure there is no lapse in coverage due to their mistake. They should also seek a reasonable accommodation to repay the missed deductions.