What Is a Voluntary Employees’ Beneficiary Association (VEBA)?
A Voluntary Employees’ Beneficiary Association (VEBA) is a special type of mutual organization dedicated to providing life, illness, accident, medical, and similar benefits to its members or their dependents and beneficiaries.
Understanding VEBA
A VEBA can be set up by employees or employers and must consist of employees from the same company or labor union. Benefits typically cease when the employee leaves the associated company or union.
Contributions to a VEBA can be made by either employees or employers, often with employer contributions being tax-deductible. VEBAs are authorized as tax-exempt organizations under Section 501(c)(9) of the Internal Revenue Code, given that their earnings are used exclusively to provide benefits. Importantly, while employer contributions might be tax-deductible, the pay-outs to employees aren’t necessarily tax-exempt for them.
One notable instance is when the United Auto Workers formed VEBAs in 2007 for the Big Three automobile manufacturers, which offloaded the companies’ liability for healthcare plans from their accounting books.
Key Conditions of a VEBA
A VEBA must fulfill several requirements, including being a voluntary employee association aimed at providing benefits. The funds within a VEBA should solely benefit the members through benefit payments without enriching any private individual or shareholder. Control over a VEBA must lie completely or partly with the members, either through trustees or an independent trustee. Furthermore, a VEBA cannot discriminate in benefit distribution unless established via a collective bargaining agreement.
Payments for health benefits can come from the employer’s general assets, a trust set up by the employer, or through multiple funding methods.
Groups of employees sharing a common employment bond—such as the same employer, collective bargaining agreement, or labor union—can form a VEBA. The shared bond may extend to employers in the same industry and geographical location. Notably, there are no size limits on VEBAs or the number of benefits offered as long as they adhere to the stipulated types of benefits and eligible recipients.
Related Terms: Internal Revenue Code, Tax-Exempt Organizations, Collective Bargaining Agreement, Labor Union.
References
- Internal Revenue Service. “Selected Problems of Voluntary Employees’ Benefits Associations”, Page 1.
- United Auto Workers Retiree Medical Benefits Trust. “History of the Trust”.
- Journal of Accountancy. “Are VEBAs Worth Another Look”?