This would depend on the type of insurance that is being offered to the pastor and the terms of the contract with that insurance company.

If the pastor is being compensated for purchasing an individual health insurance plan, then this is certainly legal as it would be treated like a salary compensation or bonus program. If the insurance being provided to the pastor is under an employer sponsored group health plan in the name of the church, then the legality of not offering insurance to other employees will depend on the terms of the agreement with the insurance company. It is possible to set up a group plan under a “carve-out” agreement, which means that insurance will only be offered to certain persons within that company. Without more details, it is impossible for us to say for certain if the church is in violation of state health insurance regulations.

Answer by Moderator - Monday, October 19, 2009 @ 12:42pm

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