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Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 41667
Experience:  30 years in Employment law
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My former employer from wich i retired has sent a form that

Customer Question

My former employer from wich i retired has sent a form that is incorrect in its language. Specifically, one question "I a retiree , do not have access to health coverage from my employer or through my Spouse's employer. ". That same question says that if I am on Social Security I must check that box. (I am on Social Security)
Questions 2 and 3 reference wether I can get insurance from my employer, without mention of my spouses employer. If I can get coverage, they want the plan number.
It seems like double jeopardy as I believe their intent is to have me take health coverage if available.
No certification is required when I sign and return the form. I am I responsible for their contradictory form? What type of lawyer would I consult to get a written opinion and take a case if they choose to drop my coverage?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. This is a mandatory form for employers from IRS.There is no ulterior motive here ,the employer can be fined for noncompliance.

Here is the form, your should look alike..

ACA-Health-Insurance-Questionnaire.docx - CSEA

If this will not open for you it's the second one down on this page..

Expert:  Ray replied 1 year ago.

Affordable Care Act / ObamaCare


Required by the IRS & Affordable Care Act

Expert:  Ray replied 1 year ago.

Federal law and the IRS are requiring this from all employers.The employer here can be fined for notoffering health care coverage.If you have it elsewhere then they are exempted, hence the requirements to submit the form on all employees and retirees.

I appreciate the chance to help you today.Thanks again.

Expert:  Ray replied 1 year ago.

You also use the form to complete your tax return.

Expert:  Ray replied 1 year ago.

If you had health coverage in 2014, in the next few weeks you may receive some unfamiliar tax forms. Form 1095-B, sent by health insurers, will indicate the names of covered individuals in your household and the months that they were covered. If you had coverage for even a single day of a calendar month, you're considered covered for the full month.

The 1095-C, sent by large employers, will indicate whether your employer offered coverage and the employee share of the monthly premium for the employer's lowest-cost plan. If you declined employer coverage because it was too costly and instead bought 2014 coverage through the marketplace, this form helps document whether you were eligible for premium tax credits. If the employee share of your employer's lowest-cost plan is more than 9.5% of your 2014 income, you can claim premium tax credits for 2014.

Here's the twist: These two forms are not mandatory for the 2014 tax year -- so some people who were covered in 2014 will receive them and others won't. "It's possible that people won't have any tax form to document their health insurance coverage" for 2014, says Tara Straw, senior policy analyst at the Center on Budget and Policy Priorities. If you were fully covered for all of 2014 and don't receive any form, simply check the box on your tax return indicating your coverage. The forms are required for tax year 2015 and all taxpayers will need documentation of their coverage.


Expert:  Ray replied 1 year ago.

The Affordable Care Act, requires that almost all U.S. citizens and legal residents (and their dependents) have health insurance for the entire year. This requirement started on January 1, 2014. There is a tax fee for not having health insurance during the year. There are very few exceptions to this requirement, so you may qualify for a tax payment exemption.

Customer: replied 1 year ago.
One point to clarify , the form I questioned is not the IRS form, but one composed in the Human Resources dept. The only valid one is the one you sent me the link to, correct?
Expert:  Ray replied 1 year ago.

No these are just samples.The one they sent was valid.Affordable care Act requires you to complete it and also to claim it on your taxes.If you have Obamacare you may be due credits on your return.

Expert:  Ray replied 1 year ago.


What If I Already Have Health Insurance?

If you already have health insurance through your employer, a private company, or under a government program (Medicare, Medicaid, or veteran coverage) for the entire year, there is no need to change anything. However, if you have private health insurance (not through an employer), you may wish to check out the Health Insurance Marketplace anyway, in case you can find a better deal. You can get started at

You should update your 2015 Marketplace information all year by reporting any changes to your income and household. There will be instructions for updating your information on

You need to make sure that you have the minimum essential coverage as defined by the Affordable Care Act. The minimum essential coverage includes individual policies purchased on the Health Insurance Marketplace, job-based coverage, Medicare, Medicaid, CHIP, TRICARE and others. See more about this on

Expert:  Ray replied 1 year ago.

How Will I Report My Health Insurance Coverage on My Tax Return?

If you have health insurance, you only have to check a box on your tax return (1040-EZ, 1040-A, or 1040) showing that you had health insurance for the year. When you prepare your tax return on, the software will ask you if you have health insurance, and once you answer "Yes," the software will automatically check the appropriate box on your return (so you don't have to!).

Expert:  Ray replied 1 year ago.

The following forms are used to report health insurance coverage on your tax return:

  • Form 1095-A - Health Insurance Marketplace Statement - You will receive this form if you purchased health insurance via the Health Insurance Marketplace exchange in 2015. It will provide information for you if you need to complete Form 8962 for the Premium Tax Credit. If you or your family members enrolled in more than one health plan via the Marketplace, you will receive a Form 1095-A for each policy. A copy of each Form 1095-A will also be sent to the IRS.
  • Form 1095-B - Health Coverage - This form is provided by your insurance provider and will have the information needed to report on your tax return that you, your spouse, and any dependents, had qualifying health insurance coverage for some of the year or for the whole year.
  • Form 1095-C - Employer-Provided Health Insurance Offer and Coverage - This form will be provided to you by your employer and contains information about the health coverage offered to you by your employer. There was a delay in the large employer mandate to provide health insurance coverage so if you do not receive this form from your employer, check with your employer's benefits department.
  • Form 8962 - Premium Tax Credit - This form will be prepared for you when you prepare your return on if you purchased health insurance through the Marketplace and you are eligible for the Premium Tax Credit.
  • Form 8965 - This form will need to be prepared by you if you are claiming that you are exempt from health care coverage.
Expert:  Ray replied 1 year ago.

If you can afford health insurance but choose not to buy it in any month during the Tax Year, generally you will need to pay a fee that is known as the individual shared responsibility payment when you file your Tax Return .

Expert:  Ray replied 1 year ago.

This is all driven by federal law here.You have to report it to your employer here and on your taxes.It is their means to enforce the law.I understand this is more work for you here but the law requires it and it isn't going away.

Expert:  Ray replied 1 year ago.

You either have to have coverage here or pay a small penalty on your return I am afraid.

Expert:  Ray replied 1 year ago.

I appreciate the chance to help you today.Thanks again.

Customer: replied 1 year ago.
What about the incorrect language? Not allowing for a valid answer. Am I responsible for their contradictory statements?
Expert:  Ray replied 1 year ago.

If the language is incorrect here you can correct it and sign it.You are not required to sign something that has the wrong language.Correct it and sign it if that is possible here.

Expert:  Ray replied 1 year ago.

Thanks again for your patience today.

Expert:  Ray replied 1 year ago.

I wanted to wish you a happy holidays too.