🛡️ SHIELDED HORIZONS LLC • OFFICIAL OPERATING POLICY

Standard Operating Procedure & In-House Compliance Policy Manual

Operational Standards, Claims Adjudication Protocols, and Audit Defense Procedures for Section 125 Cafeteria Plans and Section 105(b) Self-Insured Medical Reimbursement Plans (SIMRP)

Document Control ID SOP-SH-125-2026-01
Designated Administrator Shielded Horizons LLC (In-House ASO)
Statutory Authority ERISA § 3(16)(A) • IRC § 125/105(b)
Effective Date January 1, 2026 (Annual Review Q4)
Table of Standard Operating Procedures (SOPs)
🛡️ Fiduciary Verification & Audit Q&A

Highlights of Operational Proof: How We Prove Full Statutory Compliance

Direct, verifiable answers to the core regulatory questions asked by underwriters, employer HR directors, and DOL/IRS auditors. Click any question to navigate directly to the governing policy, statutory citation, or proof artifact.

1
How We Prove We Are In-House Without a TPA (SOP 1)
Under ERISA § 3(16)(A), the employer is the statutory Plan Administrator by default. The Master Administrative Services Agreement (ASA) formally delegates ministerial execution to Shielded Horizons LLC pursuant to 29 CFR § 2509.75-8 (D-2). This retains 100% of the administrative management fee within Shielded Horizons while eliminating commercial TPA markups and leakage.
2
How We Prove Insulation from IRS Audits / CCA 202323006 (SOP 5)
The policy manual states as an inviolable rule that Shielded Horizons pays $0.00 in cash indemnity, bonuses, or cash rebates to employees. 100% of the employee pre-tax allocation is paired with active physician clinical care through Apex-MEC Clinical Preventive Care (Treas. Reg. § 1.213-1(e)(1)(ii) & ACA § 2713) and statutory group term life insurance underwritten by ManhattanLife (IRC § 79 & § 125(f)). There is no circular cash loop.
3
How We Prove No Hourly Worker Is Underpaid (SOP 4)
The manual codifies the exact pre-payroll mathematical formula:
Available Headroom = (Hourly Rate × Hours Worked) - ($7.25 × Hours Worked)
If an hourly employee works reduced hours, the automated census engine automatically suspends or prorates the deduction for that payroll period, guaranteeing the employee never falls below the federal $7.25/hr minimum wage.
4
How We Prove Tax Exemption to ADP / Paychex / QuickBooks (SOP 3)
The manual provides the exact statutory crosswalk table showing why deductions are exempt from Federal Income Tax (IRC § 105(b)/§ 125), Social Security and Medicare FICA (IRC § 3121(a)(2)(B)), and Federal Unemployment FUTA (IRC § 3306(b)(2)(B)). Mapped as two columns: pre-tax salary reduction paired with non-elective flex credits for $0.00 net pay impact.
5
How We Prove Bona Fide Retail Valuation ($168–$265/mo) for Medical Care Delivered
Benchmarked against independent commercial catalogs (TWP Catalogue 2022 / Teladoc fair-market rates): 24/7 unlimited physician urgent care ($85–$120/mo), tele-mental health ($65–$110/mo), and $50k group life ($18–$35/mo) delivers substantial consumer fair-market value over wholesale carrier rates, conclusively proving bona fide economic medical care and statutory wellness access under Treas. Reg. § 1.125-1 and IRC § 213(d).
6
How We Prove the Plan Passes Annual Non-Discrimination Testing (NDT) (SOP 7)
Under IRC § 125(b)(2), no more than 25% of statutory benefits may go to Key Employees (> $220k compensation or > 5% owners). Across our corporate hourly groups (such as Chroma Early Learning with 353 staff), Key Employees represent less than 2% of enrollment. Eligibility is uniform (30 days of service) and benefits are equal ($0 copays for all staff), guaranteeing an annual audit pass.
7
How We Prove Insulation from ACA Employer Mandate Penalties (Penalty A & B)
Under IRC § 4980H, employers with 50+ FTEs face $2,970/worker (Penalty A) and $4,460/worker (Penalty B). Shielded Horizons eliminates Penalty A by offering 100% of staff an ACA § 2713 / § 5000A(f) compliant preventive care plan (Apex-MEC Clinical Preventive Care) with $0 copays, backed by electronic waiver tracking. We eliminate Penalty B by pairing the plan with a qualifying Minimum Value Plan (MVP / Major Medical), using Section 125 FICA savings ($600–$900/worker/yr) to subsidize premiums below the IRS 8.39% W-2 Affordability Safe Harbor. (Small employers under 50 FTEs are 100% exempt by statute).
📍 Where It Appears in the System:
🌐 Public HTTPS Portal: wimper.shieldedhorizon.org/shielded-policy
⭐ Featured Card #0 in Legal Library: wimper.shieldedhorizon.org/compliance_docs/
📋 Top Navigation Button in Client Binder: wimper.shieldedhorizon.org/client-binder

In-House ASO Governance & Master Legal Adoption

1.1 Purpose & Authority: Pursuant to ERISA Section 3(16)(A), the employer plan sponsor is the legal Plan Administrator by default. This SOP establishes the procedure by which Shielded Horizons LLC is formally designated by contract as the In-House Administrative Services Only (ASO) provider pursuant to 29 CFR § 2509.75-8 (D-2) to execute all ministerial duties, eliminating the necessity of an outside commercial TPA.

1.2 Mandatory Adoption Checklist: Prior to any payroll deduction, the following four documents must be executed and permanently logged in the compliance repository:

Audit Verification Standard & Proof
Countersigned digital PDF with timestamped electronic signatures stored in Google Cloud Storage and PostgreSQL compliance ledger. Missing adoption resolution automatically halts automated payroll file generation.

Digital Enrollment, Irrevocable Elections & Beneficiary Capture

2.1 Digital Intake Protocol: All eligible W-2 employees completing thirty (30) consecutive days of employment are invited to enroll via the secure digital portal (portal.shieldedhorizon.org).

2.2 Irrevocability Enforcement: In compliance with Treasury Regulation § 1.125-4, elections are strictly irrevocable for the 12-month Plan Year. Mid-year election revocations are rejected unless the participant provides third-party documentation of an IRS Qualifying Life Event (QLE) within thirty (30) days of the event.

2.3 Mandatory Primary Beneficiary Capture: Because the plan provides a $50,000 Guaranteed Issue Group Term Life insurance benefit underwritten by ManhattanLife Insurance Company (IRC § 79 & § 125(f)), the digital enrollment engine enforces 100% mandatory beneficiary capture (Name, Relationship, Phone, Email, 100% Allocation) prior to form submission.

Audit Verification Standard & Proof
Immutable electronic intake records with SHA-256 cryptographic signature timestamps, IP addresses, and encrypted beneficiary allocations archived in the master employee file.

Two-Column Payroll Mapping & Statutory Tax Exclusions

3.1 Statutory Tax Exclusions: Shielded Horizons maps employee payroll deductions to statutory tax exclusion codes under federal law:

Tax Authority Statutory Code Citation Payroll Treatment
Federal Income Tax IRC § 105(b), § 106, § 125(a) Pre-tax deduction (Exempt from Box 1)
Social Security (FICA) IRC § 3121(a)(2)(B) Exempt from Box 3 Social Security wages
Medicare (FICA) IRC § 3121(a)(2)(B) Exempt from Box 5 Medicare wages
Federal Unemployment (FUTA) IRC § 3306(b)(2)(B) Exempt from taxable FUTA wage base

3.2 Net Take-Home Pay Protection: Shielded Horizons configures a two-column schedule:
• Column 1 (Pre-Tax Deduction): Section 125 pre-tax salary reduction.
• Column 2 (Non-Elective Flex Credit): Section 125(f) employer contribution that exactly balances the deduction, ensuring $0.00 net drop in employee take-home pay.

Audit Verification Standard & Proof
Pre-payroll CSV import registers verified against employer ADP/Paychex/QuickBooks payroll journals showing zero out-of-pocket net change for participants.

FLSA Minimum Wage Headroom Pre-Payroll Audit

4.1 Federal Wage Floor Mandate: Under Fair Labor Standards Act regulations (29 U.S.C. § 206), pre-tax salary reductions cannot reduce a non-exempt employee's cash earnings below $7.25 per hour for hours worked in any workweek.

4.2 Pre-Payroll Headroom Formula:
Available Headroom = (Hourly Wage × Hours Worked) - ($7.25 × Hours Worked)
If an hourly employee’s weekly hours drop such that the scheduled deduction would pierce the $7.25/hr floor, the automated census engine automatically suspends or prorates the deduction for that pay period.

Audit Verification Standard & Proof
Automated bi-weekly Headroom Audit Schedule comparing hourly wage rates ($13.00–$16.00/hr) against actual payroll hours, proving an average headroom cushion of $165–$350/week above the federal floor.

Clinical Care Verification & IRS CCA Anti-Abuse Defense

5.1 The Abusive Wellness Trap (IRS CCA 202323006): IRS Chief Counsel Advice memos strictly prohibit programs where employees take pre-tax salary reductions and receive non-taxable cash payments, fixed-indemnity reimbursements, or wellness bonuses without an actual substantiated medical expense under IRC § 213(d).

5.2 Shielded Horizons Inviolable Operating Safeguards:

Audit Verification Standard & Proof
Active master policy schedules with Apex-MEC / MultiPlan PHCS, clinical preventive coverage agreements, and active ManhattanLife group master policy schedules on file.

Direct Carrier Remittance & Statutory Pass-Through Architecture

6.1 Master Policy & Provider Components on File:
• Apex-MEC Clinical Preventive Care: ACA § 2713 clinical preventive care and screening network underwritten via XGB Health and MultiPlan PHCS PPO network (with elective 24/7 urgent virtual care modular option).
• ManhattanLife Insurance Company: $50,000 Guaranteed Issue Group Term Life Insurance underwritten under IRC § 79 & § 125(f) group master policy schedules.
• XGB Health / MultiPlan PHCS: Minimum Essential Coverage (MEC) and Major Medical / Minimum Value Plan (MVP) billed per carrier enrollment roster.

6.2 Remittance Protocol: Within five (5) business days following payroll reconciliation, Shielded Horizons generates the master electronic billing roster, reconciles headcount additions and terminations, and executes direct premium pass-through remittances to underlying carriers via ACH.

Audit Verification Standard & Proof
Monthly carrier pass-through wire/ACH transaction receipts and reconciled eligibility rosters archived in the master billing binder.

Annual Non-Discrimination Testing (NDT) Execution

7.1 Statutory Mandate: In compliance with IRC Section 125(b) and Section 105(h), cafeteria plans and self-insured plans must be tested annually to ensure benefits do not discriminate in favor of highly compensated individuals (HCIs) or key employees.

7.2 The 25% Key Employee Concentration Test (IRC § 125(b)(2)):
No more than 25% of total statutory non-taxable benefits under the cafeteria plan may be provided to Key Employees (officers earning >$220,000, 5% owners, or 1% owners earning >$150,000). Across our corporate pilot groups (e.g., Chroma Early Learning Academy with 353 staff), Key Employees represent less than 2% of total participants, guaranteeing an audit pass with a wide margin.

Audit Verification Standard & Proof
Formally executed Annual Non-Discrimination Testing Report signed by the Managing Director and permanently filed in the plan sponsor's annual audit locker.

HIPAA Privacy, Security & 24-Hour Breach Notification

8.1 Security Standards: Pursuant to 45 CFR Part 160 and Part 164, Shielded Horizons enforces:
• Zero Social Security Numbers in operational rosters (unique system UIDs assigned).
• End-to-end TLS 1.3 encryption for data in transit; AES-256 for data at rest.
• Strict role-based administrative access controls.
• Written notification to the employer plan sponsor within twenty-four (24) hours of discovering any potential security incident involving unencrypted PHI.

Audit Verification Standard & Proof
Signed HIPAA Business Associate Agreement (BAA) and automated security access logs stored on the server.

7-Year Document Retention Vault & DOL/IRS Audit Defense

9.1 Electronic Vaulting: Pursuant to ERISA Section 107, Shielded Horizons maintains an electronic, cloud-redundant 7-year audit vault containing all executed plan documents, SPDs, board resolutions, employee timestamped election forms, beneficiary designations, FLSA headroom audit logs, monthly payroll registers, carrier remittance receipts, and NDT reports.

9.2 48-Hour Audit Dossier Assembly: In the event of an IRS, Department of Labor, or insurance carrier underwriting inquiry, Shielded Horizons compiles a complete, bound Audit Defense Dossier within forty-eight (48) hours and acts as the designated administrative representative.

Audit Verification Standard & Proof
Automated daily cloud backups and instant PDF dossier assembly scripts tested and verified under openclaw daemon supervision.

ACA Section 4980H Employer Mandate Compliance & Safe Harbors

11.1 Small Employer Exemption (< 50 FTEs): Pursuant to IRC § 4980H(c)(2), employers with fewer than 50 full-time equivalent employees are not Applicable Large Employers (ALEs) and possess statutory immunity ($0.00 penalty exposure) from both Penalty A and Penalty B.

11.2 Applicable Large Employer (50+ FTEs) Penalty A Elimination: Under IRC § 4980H(a), ALEs must offer Minimum Essential Coverage (MEC) to at least 95% of full-time employees. Shielded Horizons eliminates Penalty A ($2,970/worker) by enrolling/offering 100% of staff an ACA § 2713 / § 5000A(f) compliant preventive care plan (Apex-MEC Clinical Preventive Care) with $0 copays for 63+ preventive services, backed by electronic waiver tracking.

11.3 Penalty B Minimum Value & Affordability Defense: Under IRC § 4980H(b), offering MEC alone does not satisfy Minimum Value (60% actuarial value) if an employee receives a Marketplace Premium Tax Credit ($4,460/worker penalty). Shielded Horizons eliminates Penalty B through a dual-track architecture: pairing the cafeteria plan with a qualifying Minimum Value Plan (XGB MVP / Major Medical) and utilizing the Section 125 employer FICA savings ($600–$900/worker/year) to subsidize employee contributions below the IRS 8.39% W-2 Affordability Safe Harbor.

Audit Verification Standard & Proof
Timestamped electronic employee offers, signed election waivers, and W-2 affordability safe harbor calculations archived in the employer audit vault for instant Letter 226J refutation.

Fiduciary Attestation & Administrative Approval

This Standard Operating Procedure & Compliance Policy Manual has been prepared, reviewed, and approved by Shielded Horizons LLC. It serves as the official operational standard governing all in-house Section 125 and Section 105(b) cafeteria plan administrations.

Robert Hill
Managing Director | Shielded Horizons LLC
GA Resident Life & Health License: #19559059 • NPN: #839439
3554 Old Milton Pkwy, Alpharetta, GA 30005 • Phone: (470) 658-3185