Health Insurance - Opt out

What is the name of your state? MO

We are a self-insured health plan and currently pay 100% for employee coverage and family coverage. We would like to offer incentives for employees w/family coverage to opt out. Specifically, we would like to give them $X to opt out. My questions are:
1. Does this create any problems legally (discrimination) for the employees with only single coverage?
2. Would it be permissible to require that the opt-out amount be directed in our 401(k) plan as an employer contribution on behalf of the employee who opts out?

Any guidance/help is greatly appreciate.

Thank you.

1.) No. Such incentives are becoming fairly common. In addition, while neither marital status nor family status are protected groups under either Federal or Missouri law, since single people can have families too, such a provision would not illegally discriminate.

2.) I do not believe you can require it. You can, however, offer the employees the choice of putting the money into the 401k plan as an employEE contribution.

State is California

My employer provides minimal monetary amounts to apply to 1 persons coverage by the employers insurance provider. My husband has better coverage with his job, so I told them I would opt out of the insurance thinking that money would then be paid to me and offset what he has to pay for his employers plan coverage. My employer stated you either take theirs or you get nothing.
I know it isn't fair, but is that legal?

Next time, please start your own thread instead of hijacking one that is nearly four years old.

It is entirely legal, and I don't believe it is even unfair. Just because you assumed they would pay you to opt out of the insurance does not mean they can or even should do so. I don't know where you've worked before but plans that compensate the employee for opting out of the insurance are very much the exception, not the rule.