Terminated HRA Plans

[elalbert]

We mostly administer HRA plans for terminated employees for employers that use Hour Banks or prevailing wages. The money is fringe dollars and does not belong to the employer as normal. 

We have a plan that has one employee left on the plan and the employer wants to terminate the plan. The employee still has $259. What should be our process for this?  Give the money back to the employee in a check?  The employee has a debit card to spend the money but has not used it yet.  Our big problem is the employees move so often we do not always have a current address.

[Chaz]

I'm not sure what you mean by "The money is fringe dollars and does not belong to the employer as normal" but, ordinarily, HRA amounts are part of the employer's general assets.  Under Code Section 105, the employer would not be permitted to distribute amounts to the employee(s).  (See Revenue Ruling 2002-45.)  The employer should speak with benefits counsel to discuss its options with respect to the left over amounts.