GBurns

A spousal surcharge is an extra insurance premium, so why is iit not eligible ?

Are you saying that a "premium-only" plan is different from or is not a Section 125 plan ?

No, you cannot go back and adjust 2009, because section 125 requires that thhe salary reduction election be prospective. Itt is also much too late to claim error for 2009. What stopped her from having been allowed to make her annual election at the Open Enrollment for the 2010 plan year ? There is usually a new election opportunity each OE. What does your Plan Document state or require ?

I suggest tthat you look at IRS Publication 969. Since you cannot get health insurance retroactively, you would have needed to have had the HDHP in place during 2009 in order to be eligible to have an HSA regardless of any timing of funding issues.

Do not forget that in order to be eligible to have an HSA, you must first have a qualified HDHP.

If the LLC is owned by a number of entities, what is his logic for issuing K-1s to the partners/owners of those entities rather than to the "owners" of the LLC ?

A POP is a section 125 cafeteria plan. As such, it requires a written agreement/plan document. This written agreement/plan document must made available and conveyed to the employees. A simple way of doing this is to provide a Summary, hence, a Summary Plan Document or SPD.

If there is automatic enrollment intoo the default health plan and no new salary reduction election, What happens if the new rrequired employee share is not the same as before,, but either exceeds or is short ?

As far as I have been able to find out, Administaff does not offer either an FSA or a cafeteria plan to its clients. It offers a benefits management service of the client's plans. That means that your FSA is part of and under your common law employer.

Can you give a cite?

The health plan is a separate issue from the cafeteria plan under which the employee enters into the salary reduction agreement. In my opinion and experience, the employee is correct.

Aside from the basic problem of a PEO offering a cafeteria plan and health insurance coverage to the client's employees since the PEO is most likely not the common law employer etc, there is also the requirement that the participant must bee covered by an eligible HDHP in order to have an HSA. If there is no eligible High Deductible Health Plan there would be no HSA. Many, if not most, employers and PEOs do not have an HDHP offering for many reasons. I would be wary of participating in health coverage sponsored by any PEO. Check your state insurance laws covering Small Group and also MEWAs.

Open enrollment was 1/1, but when is Plan Year and when is the election effective ?

It is a requirement of ERISA and while i have seen plans with no Plan Document, I have never seen one with no SPD. But what caught my attention was the apparent implying of a connection bbetween a "wrap document" and the requirement for filing of F5500 and also a connection between the SPD and the "wrap document". What are the connections?

Stacey I misunderstood your post.. If you need shock claiims info/data, you need to ask your claims administtrator/insurer. It usually is easily produced by the Underwriting Dept sinnce they use it to determine premiums etc..

An employer would contribute if they want to reduce the emplooyees cost of health (or other) benefits especially the costs other than that of the medical coverage.

Participation in a group health insurance plan is not required for partcipation in a FSA, unless dictated by the plan document. Is there some reason for your concern ?

How do you propose that the advisor get paid for services? It might be a typo by davef, but I do not recall ever hearing of any rep gettting paid a "share of the compensation received from the provider".

Large claims especially those not expected. They "shock" the actuarial assumptions. Do a Google search using "medical "shock claims"".

Where is it in the documentation that a partcipant agrees to pledge a portion of his account ? rcline46 Isn't there a difference between a "plan loan" and a provider loan?

You still have not said anything about what the plan documents actually state. The plan documents not the employer.

That could be so, but doesn't that raise the question as to what was the qualifying event for the "kicking off"? That was also a change in selected coverage.

I don't think that what the employer wants matters as much as what the health plan documents allow. Do the plan documents say anything about re-enrollment ? Does it evven allow the kicking off for that reason?

As sugggested by others, you need to sit down, at least for an initial consult, with an experienced divorce and famly law lawyer. Maybe more than one, so that you get more than one opinion regarding your options. In many cases the initiall consultation is no charge.

Sayles What is this Trustee's relationship to the LLC ? Does he/she have equity etc ?