SEC. 313. EMPLOYER CONTRIBUTIONS IN LIEU OF COVERAGE.

[a] In General- A contribution is made in accordance with this section with respect to an employee if such contribution is equal to an amount equal to 8 percent of the average wages paid by the employer during the period of enrollment [determined by taking into account all employees of the employer and in such manner as the Commissioner provides, including rules providing for the appropriate aggregation of related employers]. Any such contribution--

[1] shall be paid to the Health Choices Commissioner for deposit into the Health Insurance Exchange Trust Fund, and

[2] shall not be applied against the premium of the employee under the Exchange-participating health benefits plan in which the employee is enrolled.

[b] Special Rules for Small Employers-

[1] IN GENERAL- In the case of any employer who is a small employer for any calendar year, subsection [a] shall be applied by substituting the applicable percentage determined in accordance with the following table for '8 percent':

If the annual payroll of such employer for the preceding calendar year: The applicable percentage is:

Does not exceed $250,000 0 percent

Exceeds $250,000, but does not exceed $300,000 2 percent

Exceeds $300,000, but does not exceed $350,000 4 percent

Exceeds $350,000, but does not exceed $400,000 6 percent

[2] SMALL EMPLOYER- For purposes of this subsection, the term 'small employer' means any employer for any calendar year if the annual payroll of such employer for the preceding calendar year does not exceed $400,000.

[3] ANNUAL PAYROLL- For purposes of this paragraph, the term 'annual payroll' means, with respect to any employer for any calendar year, the aggregate wages paid by the employer during such calendar year.

[4] AGGREGATION RULES- Related employers and predecessors shall be treated as a single employer for purposes of this subsection.