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Married Couple Maximum Health FSA contribution


Guest mrsntc
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Guest mrsntc

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.

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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.

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  • 6 months later...
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

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