Is there a special clause in fed regs to override a plan document rega

[Guest Pam Gunnell]

Help! I'm new at this. Is there a special clause in fed regs to override a plan document regarding the deadline to submit eligibleclaims for prior year expenses?

Employee abandons job in 1999, gets called to military duty in Kosovo 2 months later, and later submits medial FSA receipts two months past the deadline in 2000 and claims a military right. Is there such a thing?

[Lisa Hand]

Pam:

There is a law which details employment rights for returning reservists. I will be able to research it on Monday. However, I believe it only applies to individuals who were current employees when placed on active duty.

Please clarify your comment - "abandoned job in 1999, gets called to...." Was this individual an employee when placed on active duty? If not, then what is your close-out period for terminated employees, is it the same as regular full year participants or from date of termination? Did this individual elect to continue their medical FSA under COBRA? Were the expenses incurred while the individual was participating in the plan? When did this person return from Kosovo?

Finally, you may want to post this question on the Cafeteria Plan work group since medical FSA is part of a cafeteria plan. I am the guide on that work group.

[This message has been edited by Lisa Hand (edited 06-24-2000).]

[Lisa Hand]

Pam:

The law concerning reservists and their rights is The Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994. DOL Title 38, USC http://www.dol.gov/elaws/userra0.htm

Please note this law covers employees, not former employees. I will take a look at my legal guide on Cafeteria Plans on Monday. However, if this is a former employee, who did not continue under COBRA with this benefit, I do not think the law applies.

Hope this helps.