The company that I work is in their open enrollment for benefits, health, dental, etc. But this year is different because now my company want to tack on a $40.00/ per month surcharge due to the fact that my spouse is eligible to pick up her own health insurance at her own place of employment. My HR person said it's because the company has noticed that the spouses are actually costing more that a child in terms of healthcare cost. (Funny thing is that I work for a a large Nursing / Rehab chain) Is this even legal??? A penalty because my company thinks my wife should be on her own plan? Never mind the fact that the insurance that her company offers is way worse. Is this even legal?? The HR person said that i can check off (and lie) that she is not eligible and not pay the surcharge. Can my company even check this? I also don't feel like being fired for lying.