The ICHRA ruling provides guidance that employers can offer varying contribution amounts provided the amounts are divided by approved classes of employee. The approved classes are as follows:

  1. Full-Time Employees
  2. Part-Time Employees
  3. Seasonal Employees
  4. Employees covered by a collective bargaining agreement
  5. Employees who have not satisfied a waiting period for coverage
  6. Non-Resident aliens with no US-based income
  7. Employees whose primary site of employment is in the same rating area
  8. Salaried Employees
  9. Non-Salaried Employees
  10. Temporary Employees of a staffing firm
  11. A combination of two or more of the approved classes