Adjustment to Cafeteria Plan Deduction

[Guest cdski]

Is there any way, barring death, to make an adjustment to or even cease deductions to an existing Cafeteria Plan? I know there are allocations for "change of life" situations, but they seem to be centered around marriage, divorce, etc. My current situation involves the use of a new childcare facility and deductions being based on the cost of the new facility. After 2-3 months I realized that the facility was substandard (a key member went on medical leave) and I have managed to assemble a series of friends, neighbors and family to help with the subsequent childcare. My my son is now only in the current facility in the AM or partime. Consequently my payments have been reduced. My employer is telling me that I cannot reduce my contributions to the Cafeteria Plan, meaning that I cannot retrieve the money in my plan account because I do not have receipts to substantiate payments.

I refuse to keep my son in sub-standard daycare to simply fulfill a benefits requirement, but how do I go about reducing or eliminating my participation in the plan?

[jsb]

Ask your administrator for a copy of your plan document. It should contain the circumstances permitting a change under your particular plan.

Generally, a change in care can permit a change in election under the IRS rules. But the rules are permissive to your employer and the employer DO NOT have to be as generous as the IRS might permit. The plan document should provide the details. In those details, you ought to be able to develop a strategy to meet the plan requirements to allow your change.

Good luck.