Fundamentals · May 1, 2026

What Is a Premium-Only Plan (POP) — and Why It's Not Enough

By David Newman — Referral Partner, Section 125 Savings · San Pedro, CA
Published May 1, 2026

A POP handles pre-tax health insurance premiums only. The Preventive Care variant adds $72/paycheck employee raise + full $681/employee/year employer FICA savings on top.

IRS Section 125 — Federal Law Since 1978
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A Premium-Only Plan (POP) is the simplest Section 125 cafeteria plan structure. It handles one specific function: it lets employees pay their share of group health insurance premiums with pre-tax dollars. About 30% of small businesses run a POP. It's a real, useful structure that captures the FICA savings on the premium portion (~$200-$400/employee/year). But it's a fraction of the available Section 125 savings — it misses the Preventive Care wellness layer that delivers the structural employee paycheck raise + full $681.60/employee/year employer FICA savings + 30-60% Workers' Comp reduction.

What a POP captures: employees pay pre-tax for group health insurance premiums (typically saving the employee ~$300-$500/year in income tax + employee FICA on their portion of the premium). Employer captures the matching ~7.65% FICA savings on the same dollars. Setup is minimal — most benefits brokers can administer a POP. What a POP misses: the structural pre-tax salary reduction layer ($14,400/year per employee), the post-tax wellness reward ($1,000/month per employee), the wellness benefits package (telemedicine, free generics, dental, mental health), and the meaningful Workers' Comp base reduction. For a 50-employee POP operator, upgrading to Preventive Care adds approximately $34,080/year in additional FICA savings + WC reduction.

How the math works (in 90 seconds)

For every enrolled W-2 employee earning $25,000+/year and covered under an ACA-compliant group health plan:

  • Pre-tax salary reduction: $1,200/month · $14,400/year
  • Employer FICA savings (7.65%): $1,101.60/year
  • Less program admin fee ($35/mo): −$420/year
  • Net employer savings: $681.60/employee/year
  • Employee net take-home raise: +$71.96/paycheck (~$863/year)
  • Workers' Comp reduction: 30–60% real-world at next audit cycle

A 50-employee company nets $34,080/year in net FICA + industry-specific WC reduction. Run the calculator → for your specific number.

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Minimum 10 W-2 employees  ·  $25K+ salary  ·  ACA-compliant health coverage required
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Verified compliant — May 2025 + August 2025

The Section 125 Preventive Care program described above was independently reviewed in 2025 by:

  • HitesmanLaw P.A. (May 5, 2025) — 8-page formal legal opinion from Darcy L. Hitesman, J.D., a Super Lawyer-rated ERISA attorney with 35+ years in IRC § 125 practice, AV-rated since 1998, co-author of the national ERISA compliance manual. Concludes the program "satisfies applicable IRS requirements."
  • CBIZ Advisors LLC (August 22, 2025) — top-7 U.S. accounting firm, 135,000+ clients. Independent review confirms compliance with IRC §§ 125, 105, 106, ERISA, ACA, and COBRA when operated per its provisions.
  • $500,000 insurance-backed legal protection per enrolled employer + $10,000 per employee participant.

Read the full compliance authority page → · IRS.gov — Cafeteria Plans (Section 125) · 26 U.S. Code § 125

A real result from a real company

Avant-garde / Houston restaurant group — 132 W-2 employees, 69 locations, three law firms reviewed before signing — saves $250,000+/year through this exact program structure. Read the full case study →

This isn't a projection — it's reported, on the public record, from operators whose own CPAs and attorneys reviewed the documentation before signing. Browse the full case study set →

How to verify it yourself

Three primary sources, all public:

  1. IRS.gov — Cafeteria Plans — the law in the IRS's own words.
  2. 26 U.S. Code § 125 — the federal statute itself.
  3. The Hitesman opinion + CBIZ review — both share-able PDFs, available on your free 15-minute analysis call.

Ready to see your number?

Run the calculator above for an instant net-savings estimate, or book the free 15-minute analysis with the tax specialist for the exact number — no pitch, just math.


Content reviewed by Virginia Fish, CPA — tax and employer benefits specialist with 10+ years in financial reporting and payroll tax strategy.

FAQ

Yes — it's a Section 125 cafeteria plan structure operating under IRC § 125. POP and the Preventive Care variant are both authorized variants of cafeteria plans; they capture different layers of available savings.
No. The Preventive Care wellness layer coexists inside the same cafeteria-plan document as your existing POP structure. Your current plan administrator (or your benefits broker, if they administer the POP) keeps the health-insurance side. The Preventive Care plan administrator (Virginia Fish, CPA) layers the wellness component on top.
Most don't know the Preventive Care variant exists. Standard benefits brokers don't introduce it (outside their carrier appointment scope). CPAs know about Section 125 generally but cannot operate the Preventive Care variant (requires plan administrator infrastructure).
Some do, most don't. The Preventive Care variant requires a HIPAA-compliant wellness platform + licensed indemnity insurance carrier + specific compliance infrastructure. Most POP administrators don't have these. The plan administrator we work with (ACA Solutions Hub) handles the Preventive Care layer; your existing POP can stay where it is.
Legal & Accounting Proof

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Skepticism is the right response. We don't ask you to take our word for it — we bring institutional proof that convinced CPAs, CFOs, attorneys, and insurance brokers to enroll their own companies.

Darcy L. Hitesman, J.D.

HitesmanLaw P.A. · Minneapolis, MN

35+ years as an Employee Benefits attorney specializing in IRC Section 125, ERISA, HIPAA, and the ACA. Her May 5, 2025 opinion letter concludes: “In this firm's opinion, the Program described satisfies applicable IRS requirements.”

She specifically reviewed the IRS Chief Counsel Advice memoranda on "double-dip" arrangements — the exact schemes the IRS has flagged — and concluded this program is built differently and compliantly.

Named a Super Lawyer every year since 2000. AV-rated (highest possible rating) in Martindale-Hubbell since 1998.
Co-author: ERISA Compliance for Health & Welfare Plans (Thomson Reuters/EBIA) — the national compliance standard manual since 1999.
Member, Technical Advisory Group — Employers Council on Flexible Compensation. She helps set the industry standards for Section 125 plans nationally.

CBIZ Advisors LLC

Top-7 U.S. Accounting Firm · Cleveland, OH · 135,000+ Clients

CBIZ independently reviewed the program against IRC §§ 125, 105, and 106, plus ERISA, ACA, and COBRA requirements. Their August 22, 2025 letter concludes: “If operated per its provisions, the Program appears to satisfy the requirements of ERISA, the ACA, and COBRA as well.”

This review was commissioned by Affinity Hospice's CEO before enrolling his nationwide organization — and the CFO (himself a CPA) shared the letter publicly in his testimonial.

Top-7 U.S. accounting firm. 10,000+ employees across 100+ offices. Serves 135,000+ clients nationally.
Review covers: IRC §125 cafeteria plan, §105/106 wellness benefit rules, ERISA plan asset treatment, ACA integration, and COBRA obligations.
$500,000 legal protection per enrolled employer · $10,000 per employee participant · Insurance-backed.
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Direct From the U.S. Government

Section 125 has been in the Internal Revenue Code since 1978. Congress wrote it there specifically to encourage employers to fund preventive healthcare for American workers. This is not a loophole — it is the precise, intended use of a 47-year-old federal law, grounded in IRS Revenue Ruling 69-154, the specific published ruling supporting the benefit payment structure.

→ Verify on IRS.gov — Section 125 Cafeteria Plans ↗

Content reviewed by Virginia Fish, CPA — tax and employer benefits specialist with 10+ years in financial reporting and payroll tax strategy.

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Verified: CBIZ Advisors LLC (Aug 2025) · HitesmanLaw P.A. (May 2025)
$500K legal protection per enrolled employer · IRS Section 125 · Federal law since 1978