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  1. bcspace
    Can someone discuss what may or may not be required for Cafeteria Plan to qualify as a Grandfathered Plan relative to a Health FSA within the Plan having to qualify as an Excepted Benefit; specifically the Availability Condition (requirement to offer Major Medical in addition to a Health FSA)? What more might be needed than to document that the Cafeteria Plan was in existence on March 23, 2010 and make that clear to the participants? Have come across several small employers who have offered a Cafeteria Plan for many years but cannot afford to offer Group Health and of course the Excepted Benefit requirement and Availability Condition now currently in effect. Thanks
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