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June 13, 2012
The IRS has released Notice 2012-40 which provides welcome guidance to employers regarding the $2500 limit on Health FSA (HFSA) pre-tax contributions imposed by the Affordable Care Act (ACA). Most significantly, Notice 2012-40 clarifies that the $2500 limit only applies to HFSA plan years beginning on or after January 1, 2013.
Beginning January 1, 2013, the ACA imposes a $2500 maximum on the amount of employee pre-tax salary reduction contributions which can be made to an HFSA for any “taxable year”. The $2500 limit is indexed in future years.
For HFSA plans with plan years beginning January 1st, it was clear that employers would need to restrict employee contributions beginning with the January 1, 2013 plan year. However, there was confusion regarding how the rule would apply to plans with non-calendar year plan years. Notice 2012-40 clears up this confusion, and addresses additional HFSA related issues.
Details of Guidance
Primary guidance contained in Notice 2012-40 includes:
Other guidance was also included in the notice which addresses some of the questions employers have regarding the limit.
Plan Must be Amended
A cafeteria plan offering an HFSA must be amended to reflect the $2500 limit. Under Section 125 rules, cafeteria plan amendments normally must be made only prospectively. However, in this case the IRS will allow the amendment to be made retroactively, as long as the plan is amended by December 31, 2014.
Since this clarification was just announced, some employers may have already amended their plans to comply with the new limit. If you would like to again allow a limit of more than $2500 for plan years beginning in 2012, please contact your Parker, Smith & Feek Benefits Team to review your options.
Request for Comments on Possible Modification of Use-Or-Lose Rule for Health FSAs
Under current rules any unused contributions at the end of the plan year (or grace period if applicable) are forfeited by the participant. This is often referred to as the “use-or-lose” rule. In light of the $2500 limit, the IRS is considering whether to amend the use-or-lose rule. The IRS is taking comments through August 17, 2012 on potential changes to this rule.
The views and opinions expressed within are those of the author(s) and do not necessarily reflect the official policy or position of Parker, Smith & Feek. While every effort has been taken in compiling this information to ensure that its contents are totally accurate, neither the publisher nor the author can accept liability for any inaccuracies or changed circumstances of any information herein or for the consequences of any reliance placed upon it.