In order for this benefit to be taken on a pre-tax basis
it has to follow certain IRS guidelines. Along with these guidelines
come certain legal facts employers and employees should be
aware of.
“Use it or Lose It” Rule
The “Use it or Lose it” rule comes from Section
125 of the IRS code that states the employee will lose any
money that is left in their flexible spending account at the
end of the plan year.
This does not have to be a major drawback, eflexgroup.com
can help educate your employees so that they do not put in
money they do not anticipate to spend. We also advise them
of their account balances through reports on all reimbursement
checks. Employees can also check their account balance 24
hours a day through Your
Account Section or by calling our automated telephone
system at (866) 507-3539.
Uniform Coverage Rule
This rule states that whatever the employee decides to place
in the Health FSA is “available” at all times.
For example, if the employee has elected $1200.00 per year
and has a claim for glasses in the first month of the plan
year, eflexgroup.com must pay the claim in full. We mitigate
this risk by:
- Forming a partnership with you to warn when the employee
gives notice. We put the account on hold until the matter
is under control.
- Limiting the amount the employees can withdraw for the
year. Limits are advisable when turnover approaches 15%
per year.
- The employer can “ask” the employee who terminates
to repay any advance payment he or she received.
- Using the forfeitures to offset any funds not paid back.
- The employer must provide the funds if eflexgroup.com
requires them to be available. We provide a review of the
accounts every quarter and if the accounts are sufficiently
funded we provide a refund of the employer’s funds.
The uniform coverage rule was unsettling for employers when
first enacted. However, it does encourage employee participation
by making funds available for their use immediately.
Type of Corporation Status
Subchapter S Corporation shareholders above the 2% level
may not participate in cafeteria plans, but they may sponsor
a plan for the employees. In addition, the family members
and close relatives may not participate.
LLC, LLP and Sole Proprietors may not participate in a cafeteria
plan, but may sponsor one for their employees. However, if
the spouse is a bona fide employee of the firm, he or she
may participate and use the benefit for the entire family.
C-Corporation owners can participate and sponsor a plan.
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