The Pre-Tax PlaybookThe employer's briefing on Section 125 benefits

Guide · Illustration only

Worked examples (illustration only)

The math behind the headlines, with every assumption on the table.

Reviewed November 12, 2026 · Pre-Tax Playbook editorial team · Not tax or legal advice

Required federal noticeFixed indemnity insurance

IMPORTANT: This is a fixed indemnity policy, NOT health insurance

This fixed indemnity policy may pay you a limited dollar amount if you're sick or hospitalized. You're still responsible for paying the cost of your care.

  • The payment you get isn't based on the size of your medical bill.
  • There might be a limit on how much this policy will pay each year.
  • This policy isn't a substitute for comprehensive health insurance.
  • Since this policy isn't health insurance, it doesn't have to include most Federal consumer protections that apply to health insurance.

Looking for comprehensive health insurance?

  • Visit HealthCare.gov or call 1-800-318-2596 (TTY: 1-855-889-4325) to find health coverage options.
  • To find out if you can get health insurance through your job, or a family member's job, contact the employer.

Questions about this policy?

  • For questions or complaints about this policy, contact your State Department of Insurance. Find their number on the National Association of Insurance Commissioners' website (naic.org) under "Insurance Departments."
  • If you have this policy through your job, or a family member's job, contact the employer.

Employer: the FICA arithmetic Illustration only

Enrolled employees (assumption)150
Monthly pre-tax premium (lowest tier on one client's form)$600
Annual premium per employee$7,200
Employer FICA rate7.65%
Employer FICA not paid, per enrolled employee$550.80
Total, before program fees≈ $82,620 / year

Formula and inputs:[1, 2, 3, 4] Subtract the program fees in your Financial Impact Statement.[5] All of it depends on benefit payments not being treated as wages.[6, 7]

Sensitivity: a 500-employee company Illustration only

Share who qualify (Elysian case data ranged ~60–80%; assume 60%)300 employees
At a $600 monthly premium≈ $165,240 gross / year
At a $1,200 monthly premium≈ $330,480 gross / year

Qualification range:[8] Premium tiers:[2]

Employee: one month's pay stub Illustration only

BeforeWith the plan
Gross pay$3,500.00$3,500.00
Pre-tax premiumnone− $600.00
Taxable pay$3,500.00$2,900.00
Taxes at an assumed 19.65%− $687.75− $569.85
Claim payment received (assumed)none+ $622.00
Take-home$2,812.25$2,952.25

That's about $140 more that month, in line with Elysian's reported average, only because the plan paid a claim close to the premium. It assumes a 12% federal bracket + 7.65% FICA + no state income tax, and that claim payments aren't taxed.[9, 10, 11]

The month with no claim Illustration only

Same employee, no claim paid: take-home falls by about $482.10 (the $600 premium minus $117.90 in taxes saved).[9] That's why the claim trigger matters so much, and why we've asked for it in writing.[12]

Sources & footnotes

  1. Analysis Employer FICA savings — how to estimate. Elysian benefits proposal (redacted client, provided by Elysian). Proof library P-41
  2. Verified Step 1 — pre-tax premium through a Section 125 cafeteria plan. IRS Chief Counsel Advice 202323006; Elysian enrollment authorization (JobsRUs). Proof library P-30
  3. Verified Employer FICA is 7.65% for most hourly workers. Social Security Administration — maximum taxable earnings; IRS Tax Topic 751 — Social Security and Medicare withholding rates. Proof library P-40
  4. Analysis The owner's 'raise' (example). Our analysis of P-30, P-40 and P-41 (150 enrolled is an illustrative assumption). Proof library P-104
  5. Pending NDA doc Program fees. Elysian Dealer FAQ. Proof library P-34
  6. Verified CCA 202323006 — the key IRS memo. IRS CCA 202323006. Proof library P-58
  7. Elysian-stated Step 5 — Elysian's counsel: claim payments are not wages. Holland & Knight memorandum to Elysian Healthcare (confidential; available on request, subject to Elysian's permission). Proof library P-33
  8. Elysian-stated Not everyone qualifies. Elysian PEO implementation guide (provided by Elysian); Elysian benefits proposal (provided by Elysian); Elysian client flyer (JobsRUs, 2025). Proof library P-43
  9. Analysis The take-home formula. Our analysis of P-30 and P-37. Proof library P-38
  10. Elysian-stated Average take-home pay increase. Elysian PEO implementation guide (provided by Elysian). Proof library P-37
  11. Analysis Paycheck before/after (example). Our analysis of P-30, P-37 and P-38 ($3,500 gross is an illustrative assumption). Proof library P-87
  12. Pending NDA doc Step 3 — what triggers a claim payment. Holland & Knight memorandum to Elysian Healthcare (confidential; available on request, subject to Elysian's permission); Evidence request E-1 (written claim-trigger definition). Proof library P-31