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Text of IRS Notice 2008-82: Use It or Lose It HSA Rule Inapplicable to Reservists Called to Active Duty (PDF)
Internal Revenue Service [IRS] 
[Official Guidance] Sept. 29, 2008
7 pages. The Heroes Earnings Assistance and Relief Tax Act of 2008, enacted June 17, 2008, provided a special rule allowing 'qualified reservist distributions' (QRDs) of unused amounts in a health FSA to reservists called to active duty. Under the existing rules for health FSAs, distributions could only be made to reimburse substantiated medical expenses, and any funds left unspent at the end of the plan year would be lost. This special rule allows reservists to make a distribution before leaving for active duty so as not to lose those savings.
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