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Benefits Law Advisor

Insights on benefits counseling and litigation issues impacting employers nationwide

Medical Flexible Spending Account

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What Medical Expenses Qualify as Tax Deductible Under Section 213 Of The Internal Revenue Code?

By Isaac S. Baskin on March 27, 2023
Posted in Code Section 213, FSA, IRS, IRS Guidance, Medical Expenses, Medical Flexible Spending Account

On March 17, 2023, the Internal Revenue Service (IRS) issued new frequently asked questions (FAQs) addressing whether certain costs related to nutrition, wellness, and general health are medical expenses under Sec. 213 of the Internal Revenue Code (Code) that may be paid or reimbursed under an employee’s health savings account (HSA), health flexible spending arrangement…

Happy National Employee Benefits Day – – April 5, 2022!!

By Joy M. Napier-Joyce on April 5, 2022
Posted in 401(k) plan, Amendments, American Rescue Plan Act of 2021, ARPA, CARES Act, COBRA Subsidy, coronavirus, COVID Tests, covid-19, Data Security, department of labor, Duty to Monitor, Employee Health & Welfare Plans, ESG Investment, Health Premium Surcharge, Medical Flexible Spending Account, Mental Health Parity, MHPAEA, Required Minimum Distributions, Restatements, SECURE Act, Vaccination surcharge, voluntary benefit
National employee benefits day Balloons

Last year about this time, we wrote of how far we had come collectively in the world of employee benefits roughly one year after the onset of the COVID-19 Pandemic.  We reveled at how we kept on keeping on, what we were able to accomplish in the face of unprecedented everything, and admirably pivot with…

2021 Plan Amendment Deadlines and Other Looming Fourth Quarter Considerations

By Suzanne G. Odom & Joy M. Napier-Joyce on October 1, 2021
Posted in 401(k) plan, Affordable Care Act, ARPA, CARES Act, Consolidated Appropriations Act, covid-19, Data Security, Employer Health and Welfare Plan, FFCRA, Medical Flexible Spending Account, MHPAEA, Retirement plans, Section 125 Plan, SECURE Act

As the year draws to a close, it is helpful for employers to pause to evaluate employee benefit plan amendment deadlines and other crucial fourth-quarter considerations, including:  More…

TOP 5 EMPLOYEE BENEFIT PLAN OPPORTUNITIES FOR EMPLOYERS TO CONSIDER IN 2021

By Adam B. Cantor on February 17, 2021
Posted in 401(k) plan, Amendments, CARES Act, Consolidated Appropriations Act, coronavirus, covid-19, defined contribution, Distributions, Employee Health & Welfare Plans, ERISA, FSA, Medical Flexible Spending Account, SECURE Act

A spate of recent legislation and IRS guidance promises to make 2021 an active year for any employer seeking to provide its employees with a competitive array of employee benefits.  My “top 5” list of employee benefits that an employer should introduce or enhance in 2021, to improve retention and/or recruitment, is set forth below:…

Consolidated Appropriations Act, 2021: Top Practical Considerations on FSA, Election Change Relief

By Suzanne G. Odom & Brian M. Johnston on January 11, 2021
Posted in Consolidated Appropriations Act, coronavirus, covid-19, covid-19 stimulus, Employee Health & Welfare Plans, ERISA, ERISA Plan Administration, Fiduciary duties, FSA, Medical Flexible Spending Account, Medical Plans, Plan Administrator

The Consolidated Appropriations Act, 2021 (Act) provides certain COVID-19-related relief, including temporary additional flexibility regarding flexible spending accounts (FSAs). Employers have several practical considerations when deciding whether to adopt one or more of the changes in their plans.

Under the FSA changes, employees need not lose the benefit of the dollars they set aside…

Consolidated Appropriations Act, 2021: Employer-Sponsored Health and Welfare Plan Components

By Brian M. Johnston on December 29, 2020
Posted in Cafeteria Plans, Consolidated Appropriations Act, coronavirus, coronavirus related distribution, covid-19, covid-19 stimulus, Employee Health & Welfare Plans, Medical Flexible Spending Account, Medical Plans, paycheck protection program, PPP, PPP Loan Forgiveness

The Consolidated Appropriations Act, 2021, generally provides the annual funding for the federal government and, in almost 5,600 pages, contains several important rules giving further COVID-19 relief, including the expansion of eligibility for the Paycheck Protection Program (PPP) and the Employee Retention Tax Credit.

The Act also relaxes several health, welfare, and retirement plan rules…

2021 Cost of Living Adjustments for Retirement Plans

By Keith A. Dropkin on November 6, 2019
Posted in Dealing with the IRS on Employee Benefit Issues, defined benefit, defined contribution, FSA, HRA, IRS, IRS Limits, Medical Flexible Spending Account, Required Minimum Distributions, Retirement plans, Roth Conversion, Uncategorized

The Internal Revenue Service recently announced its cost-of-living adjustments applicable to dollar limitations on benefits and contributions for retirement plans generally effective for Tax Year 2021 (see IRS Notice 2020-79). Most notably, many of the retirement plan limitations, including the limitation on annual salary deferrals into a 401(k) or 403(b) plan, remain unchanged. The…

California Imposes New Flexible Spending Account Notice Requirement On Employers

By Raymond P. Turner on October 21, 2019
Posted in Cafeteria Plans, Employee Health & Welfare Plans, ERISA, ERISA exempt, FSA, Medical Flexible Spending Account, Medical Plans

Beginning with plan years that end in 2020 California employers maintaining flexible spending accounts, or “FSAs,” will be required by a new amendment to the state’s Labor Code, enacted August 30, 2019, to notify the employee participants of any “deadline to withdraw funds before the end of the plan year.”  FSAs are expense reimbursement plans…

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