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Benefits & InsuranceNov 3, 202610:34 (PT)

Regions Bank employee sues over $390 annual tobacco surcharge on health insurance, alleging ERISA violation

Key points

  • The plaintiff alleges Regions Bank charges tobacco and vape users an extra $390 per year for health insurance
  • The plaintiff says the enrollment guide lists two premium tables with no alternative program
  • The complaint was filed Monday in the Middle District of Florida; the allegations have not been proven

A Regions Bank employee sued the bank and its parent, alleging they charge tobacco and vape users an extra $390 per year for health insurance without a valid way to avoid the fee. The complaint, filed Monday in the Middle District of Florida, says the enrollment guide lists two premium tables with no alternative program, violating ERISA. These are the plaintiff's allegations and have not been proven.

What employers should do

  1. Check whether tobacco surcharge enrollment guides list a waiver or alternative program
  2. Review surcharge design with benefits advisers against ERISA requirements

Policy details

Jurisdiction
Federal (Middle District of Florida)
Status
Enforcement action
Effective date
—
Official source
Official source pending
Original report: Bloomberg Law News ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.