# What are voluntary benefits? Types, taxes and how to judge them.

Source: https://ethosbenefits.com/benefits-101/voluntary-benefits
Type: Benefits 101
Topic: Benefits strategy and administration
Author: Donovan Ryckis, Founder and CEO
Reviewed by: Patrick Ansara, Partner and Director of Client Operations
Publisher: Ethos Benefits
Published: 2025-12-18
Last updated: 2026-11-03
Cite as: "What are voluntary benefits?," Ethos Benefits, https://ethosbenefits.com/benefits-101/voluntary-benefits, updated 2026-11-03.

**Short answer:** Voluntary benefits are optional coverages employees choose and usually pay for themselves through payroll deduction, at group rates the employer makes available. Common examples are accident, critical illness, hospital indemnity, supplemental life, disability and pet insurance. The employer picks the menu and runs the deductions, and each employee decides whether to enroll.

Voluntary benefits let an employer widen its benefits package without adding a fixed cost. Employees choose the coverages they want, pay through payroll deduction and get group pricing and underwriting they often could not find on their own. The products are simple to add. They are harder to judge well, and that is where most employers need a process.

## What counts as a voluntary benefit?

Voluntary benefits are optional coverages that employees elect and usually pay for in full, offered through the employer at group rates. They sit next to the core plans the employer funds, such as medical, and fill gaps those plans leave: a deductible after an accident, lost income during an illness, costs medical insurance never covered, like a pet's surgery.

Three features define them:

1. **Employees choose.** Each employee decides whether to enroll and at what level.
2. **Employees usually pay.** Premiums come out of each paycheck. Some employers contribute to a product, which changes how it is treated under ERISA (see below).
3. **The group gets the pricing.** Group rates and simplified underwriting, such as guaranteed issue up to a set amount, are often easier to get than coverage bought individually.

For the employer, the main appeal is a richer, more personal benefits package at little direct cost. For employees, it is choice, convenience and protection against costs their core coverage leaves behind.

## The common types at a glance.

Most voluntary programs draw from the same short list. Here is what each one does and how it is usually paid.

| Benefit | What it pays | Usually paid | Common portability |
|---|---|---|---|
| **Accident** | A set cash amount for covered injuries and treatment, such as an ER visit, fracture or ambulance ride | Pre-tax or after tax | Often portable |
| **Critical illness** | A lump sum on diagnosis of a covered condition, such as cancer, heart attack or stroke | Pre-tax or after tax | Often portable |
| **Hospital indemnity** | A fixed amount for a hospital admission and each day of a covered stay | Pre-tax or after tax | Often portable |
| **Supplemental life** | Life insurance above the employer-paid amount, for the employee, spouse or children | Usually after tax | Usually portable or convertible |
| **Disability (short- or long-term)** | A share of income while the employee cannot work due to illness or injury | Often after tax, so benefits are tax-free | Varies; some offer conversion |
| **Dental and vision, when employee-paid** | Preventive and restorative dental care; eye exams, glasses and contacts | Pre-tax | Generally continued through COBRA, not portability |
| **Pet insurance** | A share of veterinary bills for accidents and illness | After tax | Usually portable, often billed direct |
| **Legal plan** | Access to attorneys for wills, real estate, family and other personal matters | After tax | Varies |
| **Identity protection** | Credit and identity monitoring, plus help recovering from identity theft | After tax | Usually portable |

Many vendors also market financial wellness tools, student loan programs and discount programs as voluntary benefits. Those are often not insurance at all, so treat them as separate vendor decisions with their own contracts and data terms.

## How do employees pay for them?

Voluntary benefits are paid through payroll deduction, either pre-tax under a section 125 cafeteria plan or after tax. Which one applies depends on the product and on how the employer sets up the plan, and it changes how any benefit is taxed later.

**What can go pre-tax.** IRS Publication 15-B lists the qualified benefits a cafeteria plan can offer, including accident and health benefits and group-term life coverage. Dental, vision, accident, critical illness and hospital indemnity can fall under accident and health benefits. Pet, legal and identity protection plans are not qualified benefits, so they are deducted after tax.

**Why after tax is sometimes better.** The premium choice decides whether benefits are taxed when paid:

- **Disability.** IRS Publication 525 explains that if premiums were paid through a cafeteria plan and not included in income, the benefits are taxable. If the employee paid with after-tax dollars, the benefits generally are not. Many employers deduct voluntary disability after tax for this reason.
- **Fixed indemnity.** In Chief Counsel Advice 201703013, the IRS concluded that payments from a fixed indemnity health plan are taxable to the employee when the premiums were paid pre-tax through a cafeteria plan. Hospital indemnity and similar products that pay set amounts fall in this area, so talk with your tax advisor before running them pre-tax.
- **Supplemental life.** Under Publication 15-B, the cost of employer group-term life coverage above $50,000 is taxable income to the employee, reduced by what the employee paid after tax. Coverage on a spouse or dependent is tax-free only up to a $2,000 face amount. Payroll should be set up so employee-paid supplemental life does not create imputed income it shouldn't.

Getting these elections right is a payroll and plan document task, not only an enrollment decision. Write the pre-tax or after-tax treatment of each product into your cafeteria plan document and check it at every renewal.

## What happens when employees leave?

Portability lets a departing employee keep a voluntary policy by paying the carrier directly. It is set by each policy, not by federal law, so check the certificate for every product.

- **Accident, critical illness and hospital indemnity** are often portable at the same or similar rates, sometimes with an age limit.
- **Supplemental life** usually offers portability, conversion to an individual policy, or both, within a short window after coverage ends. Rates can rise sharply on conversion.
- **Disability** is less often portable. Some policies offer a conversion option.
- **Dental and vision** are group health plans, so continuation generally runs through COBRA rather than a portability feature.

Portability is a real selling point for employees. Make sure the enrollment materials explain it and that HR knows the deadline to elect it.

## How should you judge each product?

The best test of a voluntary product is whether employees get real value back for the premiums they pay. Four measures show that.

| Measure | What it tells you | What to ask the carrier |
|---|---|---|
| **Loss ratio** | The share of premium paid back to employees as claims. A low ratio means employees are paying a lot for little return | Claims paid divided by premium, by product, for each of the last three years |
| **Claims experience** | Whether employees actually file and get paid, and how fast | Number of claims filed, approved and denied; average time to pay; top denial reasons |
| **Enrollment** | Whether employees find the product worth buying | Enrollment rate by product, and how it changed after each open enrollment |
| **Persistency** | Whether employees keep the coverage | Share of enrollees who drop coverage in the first year |

A few practical points:

- **Low loss ratios are the warning sign.** If employees file few claims, the product may be hard to use, poorly explained or simply a poor fit. Ask the carrier to explain the gap.
- **Watch for claims friction.** Products that pay only with heavy paperwork, or that employees forget they own, return little value. Some carriers offer automatic claims triggered by medical plan data. Ask whether yours does and how it handles data.
- **Match products to your workforce.** A survey and a look at your medical claims data show what employees worry about and where they face costs. A young workforce may value pet and accident coverage; an older one may care more about critical illness and disability.
- **Count the administrative load.** Every product adds deductions, carrier files, eligibility updates and employee questions. Add only what your team, or your administration partner, can run well.
- **Market check on a set cycle.** Rate guarantees on voluntary products often run several years, which makes it easy to forget them. Put a review date on each one.

Ethos Benefits reviews carrier options, pricing and claims experience as part of its [ancillary benefits](https://ethosbenefits.com/services/ancillary-benefits) work.

## The ERISA question in short.

An employee-paid voluntary product is outside ERISA only if it meets all four conditions of the Department of Labor safe harbor at 29 CFR 2510.3-1(j): no employer contribution, completely voluntary participation, no employer endorsement, and no payment to the employer beyond reasonable pay for running payroll deductions. Miss one and the product is generally an ERISA welfare plan, which brings plan documents, reporting and fiduciary duties for selecting and monitoring the carrier.

Endorsement is the condition most employers trip over, and recent class actions have targeted voluntary programs at several large employers along with their brokers. Our explainer on [voluntary benefits and fiduciary duty](https://ethosbenefits.com/benefits-101/voluntary-benefits-fiduciary-duty) covers the safe harbor test, the lawsuits and what to do about them.

## How do commissions on voluntary products work?

Most voluntary products pay the broker a commission from the carrier, figured as a percentage of the premium employees pay. Because employees pay the premium, those commissions come out of employees' paychecks, even though the employer chose the broker.

Common features of voluntary commissions:

- **They rise with premium.** More enrollment and higher rates mean more commission, which can reward selling more coverage rather than better coverage.
- **They are often higher than on medical.** Voluntary products typically carry higher commission percentages than major medical coverage.
- **They can be front-loaded.** Some carriers pay a larger "heaped" commission in the first year and a smaller one after, which can encourage moving products to a new carrier.
- **Others may share them.** Enrollment firms, call centers and benefits administration platforms may be paid from the same premium, through overrides, bonuses or fees.

If a voluntary program is an ERISA group health plan, a broker or consultant who reasonably expects $1,000 or more in direct or indirect compensation must disclose it in writing under ERISA section 408(b)(2)(B). See [broker compensation disclosure](https://ethosbenefits.com/benefits-101/broker-compensation-disclosure) for what that statement should include. For products outside ERISA or outside the rule, nothing stops you from asking for the same information.

Questions to ask about every voluntary product:

1. What commission percentage does the carrier pay, in the first year and in renewal years?
2. Who else is paid from the premium, such as enrollment firms or platforms, and how much?
3. Are there bonuses, overrides or other incentives tied to enrollment or to this carrier?
4. Which other carriers were quoted, and what were their rates and commissions?
5. What was the loss ratio last year, and how does it compare with the alternatives?
6. Would the employee premium drop if the commission were lower?

A straight, written answer to each question is the standard to expect. If you can't get one, treat that as part of your evaluation of the product.

## Are voluntary benefits worth offering?

Yes, for most employers, when each product earns its place. Voluntary benefits add choice and protection at little direct cost, and employees value coverage they can tailor and keep. The value depends on the details: products that fit your workforce, payroll set up correctly, honest loss ratios and commissions you know about. Review them with the same discipline you apply to your medical plan, and the program will hold up for employees and for you.

## Frequently asked questions

### Why do employers offer voluntary benefits?

Employers offer voluntary benefits to widen the benefits package without adding a fixed cost. Employees choose the coverage they want, pay through payroll deduction and get group rates and simplified underwriting they often could not find on their own. Many products are also portable, so employees can keep them after they leave.

### Are voluntary benefits pre-tax?

Some can be. Accident and health coverages such as dental, vision, accident, critical illness and hospital indemnity, plus group-term life, can be paid pre-tax through a section 125 cafeteria plan. Pet, legal and identity protection plans are not qualified cafeteria plan benefits, so they are paid after tax.

### Are benefits from a voluntary plan taxable?

It depends on how the premium was paid. Disability benefits are generally tax-free if the employee paid the premium with after-tax dollars and taxable if it was paid pre-tax or by the employer. The IRS has said fixed indemnity payments are taxable when the premium was paid pre-tax through a cafeteria plan.

### Can employees keep voluntary benefits if they leave?

Often, but it depends on the policy. Many accident, critical illness, hospital indemnity and life policies let a departing employee keep coverage by paying the carrier directly, sometimes at a different rate. Check the portability and conversion terms in each certificate before enrollment.

### Are voluntary benefits subject to ERISA?

Not automatically. An employee-paid program stays outside ERISA only if the employer contributes nothing, enrollment is completely voluntary, the employer does not endorse it, and the employer receives nothing beyond reasonable pay for running payroll deductions. Miss any one of those four conditions and the product is generally an ERISA welfare plan.

### Can part-time employees enroll in voluntary benefits?

Often yes, if the carrier's contract allows it. Eligibility is set in each group policy, usually by a minimum number of hours worked per week, so the employer and carrier agree on who can enroll. Write the rule into the enrollment materials and apply it the same way to every employee.

### How do brokers get paid on voluntary benefits?

Usually by commission from the carrier, figured as a percentage of the premium employees pay. Because the commission rises with premium, and voluntary products typically carry higher percentages than major medical coverage, employers should ask for the commission on each product in writing, for the first year and for renewal years.

## Sources

1. [Publication 15-B (2026), Employer's Tax Guide to Fringe Benefits](https://www.irs.gov/publications/p15b), Internal Revenue Service
2. [Publication 525, Taxable and Nontaxable Income (Sickness and Injury Benefits)](https://www.irs.gov/publications/p525), Internal Revenue Service
3. [Chief Counsel Advice 201703013, Tax Treatment of Benefits Paid by Fixed-Indemnity Health Plans](https://www.irs.gov/pub/irs-wd/201703013.pdf), Internal Revenue Service, Office of Chief Counsel
4. [29 CFR § 2510.3-1, Employee welfare benefit plan (paragraph (j))](https://www.law.cornell.edu/cfr/text/29/2510.3-1), Legal Information Institute, Cornell Law School
5. [29 U.S. Code § 1108, Exemptions from prohibited transactions (section 408(b)(2)(B) of ERISA)](https://www.law.cornell.edu/uscode/text/29/1108), Legal Information Institute, Cornell Law School