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Married Couple Maximum Health FSA contribution


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5 replies to this topic

#1 mrsntc

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Posted 16 July 2007 - 08:35 AM

Our compant allows an employee to contribute $5,000 to a health care FSA. If we have a married couple both as employees, can both contribute the maximum, or is it $5,000 per couple? I seem to think it is $5,000 per couple, but want to double check. The old memory is not what it used to be :shades: . Thanks.

#2 Jacmo

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Posted 16 July 2007 - 10:50 AM

They're both employees and each has the option of putting in the plan max of 5,000 for a total of 10,000.

#3 oriecat

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Posted 16 July 2007 - 11:37 AM

Since the company can set the health FSA limits, I think it would depend upon exactly how your plan document was written. Does it say anything about limiting for couples?

#4 LRDG

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Posted 16 July 2007 - 11:55 AM

There's no regulatory or compliance reasons for the plan/company to limit medical FSA elections for married couple employees.

Dependent Care FSAs for child/dependent care expenses are limited to $5k by IRS regs, making it necessary to coordinate married couple Dep. Care elections/reimbursements.

Some caution about married couple participants- it's common for married couples to claim reimbursement for each other's medical expenses. I've discovered duplicate claim payment is possible, and can be exploited (corporate auditor and his wife, gotta love it). Duplicate claim payment detection is usually a function of the admin system and it's capabilities and limitations.

#5 Jacmo

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Posted 16 July 2007 - 03:44 PM

I'm wondering if it would be legal to limit FSA elections below the stated plan max based on marital status.

#6 Jorssy

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Posted 22 January 2008 - 11:59 AM

I'm wondering if it would be legal to limit FSA elections below the stated plan max based on marital status.


I will suggest no since that could be interpreted as a discrimination issue based on marital status