For an employer with at least 100 full-time employees (including full-time equivalents) that offers coverage to at least 70% of its full-time employees in 2015, but has one or more full-time employees who receive a premium tax credit, the payment is computed separately for each month.

The amount of the payment for the month equals the number of full-time employees who receive a premium tax credit for that month multiplied by 1/12 of $3,000.

The amount of the payment for any calendar month is capped at the number of the employer’s full-time employees for the month (minus up to 80) multiplied by 1/12 of $2,000.

In a situation where the employer has 100 full-time employees for 2015, 55 enroll on the employer plan and out of 45 waivers, 30 obtain coverage through the Marketplace with a subsidy due to the group plan not meeting affordability standards, the penalty would be calculated as follows:

$250 x 30 employees = $7,500/month or $90,000 for the year

Since the amount of the payment is capped at the number of the employer’s FT employees for each month (minus 80), the max amount of the penalty should not exceed $40,000 for the 2015 calendar year, assuming they maintain 100 employees each month of the year.